Page No.# 1/9 GAHC010109662025 2025:GAU-AS:7830 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1147/2025 DINESH PEGU AND 18 ORS. S/O SHRI BAPARAM PEGU R/O RAKUT KEMERE, JONAI, DHEMAJI, DISTRICT DHEMAJI, ASSAM, PIN- 787060 2: SHYAMKANU PEGU S/O SHRI PHANI PEGU R/O RAKUT KEMERE JONAI DHEMAJI DISTRICT DHEMAJI ASSAM PIN-7870560 3: PHALGUNI PEGU S/O GOBINDA PEGU R/O RAKUT KEMERE JONAI DHEMAJI DISTRICT DHEMAJI ASSAM PIN-781060 4: BISHNU KUTUM S/O SHRI MONDAL KUTUM R/O RAKUT KEMERE JONAI DHEMAJI DISTRICT DHEMAJI ASSAM PIN-787060 5: PALU PEGU ALIAS RAHUL PEGU S/O SHRI MONTARAM PEGU Page No.# 2/9 R/O RAKUT KEMERE JONAI DHEMAJI DISTRICT DHEMAJI ASSAM PIN-787060 6: DHANUSH PEGU ALIAS RANUSH PEGU S/O SHRI MONTARAM PEGU R/O RAKUT KEMERE JONAI DHEMAJI DISTRICT DHEMAJI ASSAM PIN-787060 7: YANGUSHI PEGU ALIAS DEBOJIT PEGU S/O SHRI BHUMIDHAR PEGU R/O RAKUT KEMERE JONAI DHEMAJI DISTRICT DHEMAJI ASSAM PIN-787060 8: BANDOR PEGU ALIAS MAHABIR PEGU S/O SHRI JIBA KANTA PEGU R/O RAKUT KEMERE JONAI DHEMAJI DISTRICT DHEMAJI ASSAM PIN-787060 9: UNTEL DOLEY ALIAS BISWAJIT DOLEY S/O SHRI LAKHI BILASH R/O RAKUT KEMERE JONAI DHEMAJI DISTRICT DHEMAJI ASSAM PIN-787060 10: BIKASH PEGU S/O SHRI JIBA KANTA PEGU R/O RAKUT KEMERE JONAI DHEMAJI Page No.# 3/9 DISTRICT DHEMAJI ASSAM PIN-787060 11: NIRAN PEGU S/O SHRI BHUMIDHAR PEGU R/O RAKUT KEMERE JONAI DHEMAJI DISTRICT DHEMAJI ASSAM PIN-787060 12: ANAB PEGU S/O SHRI PHANI PEGU R/O RAKUT KEMERE JONAI DHEMAJI DISTRICT DHEMAJI ASSAM PIN-787060 13: UTPAL PEGU S/O SHRI BAPARAM PEGU R/O RAKUT KEMERE JONAI DHEMAJI DISTRICT DHEMAJI ASSAM PIN-787060 14: ANIL PEGU S/O SHRI KADANG PEGU R/O RAKUT KEMERE JONAI DHEMAJI DISTRICT DHEMAJI ASSAM PIN-787060 15: HIREN KUTUM S/O SHRI BONSHI KUTUM R/O RAKUT KEMERE JONAI DHEMAJI DISTRICT DHEMAJI ASSAM PIN-787060 Page No.# 4/9 16: JHARNA TARAK PEGU W/O SHRI BIKASH PEGU R/O RAKUT KEMERE JONAI DHEMAJI DISTRICT DHEMAJI ASSAM PIN-787060 17: RASHNA PEGU W/O SHYAMKANU PEGU R/O RAKUT KEMERE JONAI DHEMAJI DISTRICT DHEMAJI ASSAM PIN-787060 18: BHABESH MEDOK S/O LATE PRADIP MEDOK R/O UJONI BIJAYPUR JONAI DHEMAJI DISTRICT DHEMAJI ASSAM PIN-787060 19: LAKHI NATH DOLEY S/O THANESWAR DOLEY R/O SIRAMPURIA JONAI DHEMAJI DISTRICT DHEMAJI ASSAM PIN-78706 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR P R SARMA, MR. S. PEGU Advocate for the Respondent : PP, ASSAM, Page No.# 5/9 BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 12.06.2025 1. Heard Mr. P.R. Sarma, the learned counsel for the petitioners. Also heard Mr. K. Baishya, the learned Additional Public Prosecutor appearing for the State of Assam. 2. This application under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the petitioners, namely, (1) Dinesh Pegu, (2) Shyamkanu Pegu, (3) Phalguni Pegu, (4) Bishnu Kutum, (5) Palu Pegu @Rahul Pegu, (6) Dhanush Pegu@Ranush Pegu, (7)Yangushi Pegu @Debojit Pegu, (8)Bandor Pegu @Mahabir Pegu, (9) Untel Doley @Biswajit Doley, (10) Bikash Pegu, (11) Niran Pegu, (12) Anab Pegu, (13) Utpal Pegu, (14) Anil Pegu, (15) Hiren Kutum, (16) Jharna Tarak Pegu, (17) Rashna Pegu, (18) Bhabesh Medok, and (19) Lakhi Nath Doley, who are apprehending their arrest in connection with Jonai P.S. Case No. 37/2025, under Sections 61(2)/189(2)/109/117(2) of the BNS, 2023. 3. The gist of accusation in this case is that on 03.05.2025, one Smt. Ajanta Kutum, had lodged an FIR, before the Officer-In-Charge of Jonai Police Station, inter alia, alleging that the accused persons named in the FIR, (including the present petitioners) have assaulted her husband Dibyajyoti Kutum on 02.05.2025 near Rakut Kemere Primary School, as a result of which he sustained serious injuries. 4. The learned counsel for the petitioners has submitted that in the Page No.# 6/9 meanwhile, the victim Dibyajyoti Kutum has expired. He also submits that the FIR against the present petitioners was a result of political rivalry in connection with recently held panchayat election. He submits that in this regard one of the petitioner, namely, Bikash Pegu had also lodged an FIR before the Officer-In-Charge of Jonai Police Station, on 02.05.2025, itself against one Dharmen Lagachu alleging assault by the accused persons named in the FIR. 5. The learned counsel for the petitioners has submitted that in the meanwhile, by order dated 26.05.2025, 3(three) of the petitioners, namely, petitioner No. 10, namely, Bikash Pegu, the petitioner No. 16, namely, Jharna Tarak Pegu, and petitioner No. 17, namely, Rashna Pegu, were allowed to go on interim bail with certain conditions. 6. He submits that in compliance with the directions of this Court, all the 3(three) petitioners have appeared before the Investigating Officer and have co-operated in the investigation. 7. He further submits that the other petitioners are also willing and ready to co-operate in the investigation. 8. On the other hand, the learned Additional Public Prosecutor has produced the Case Diary of Jonai P.S. Case No. 37/2025 and has submitted that against all the petitioners, there are materials in the Case Diary, except petitioner No. 17, namely, Rashna Pegu as of now in the Case Diary. 9. He also submits that in the meanwhile, petitioner No. 4, namely, Bishnu Kutum has already been arrested and hence, his prayer for Page No.# 7/9 anticipatory bail has become infructuous. 10. He also submits that the investigation so far reveals that the murder of the deceased Dibyajyoti Kutum was committed in a pre-planned manner by all the petitioners and therefore, he vehemently opposes the grant of bail to the petitioners. 11. I have considered the submissions made by the learned counsel for both sides and have gone through the materials in the Case Diary. 12. On perusal of the Case Diary, it appears that though the complainant in her statement recorded under Section 180 of the BNSS, 2023 has implicated all the petitioners of having assaulted the deceased Dibyajyoti Kutum, however, the other witnesses, who have claimed themselves to be the eye-witness of the incident have not implicated the petitioner No. (1) Dinesh Pegu, petitioner No. (2) Shyamkanu Pegu, petitioner No. (5) Palu Pegu @Rahul Pegu, petitioner No. (6) Dhanush Pegu@Ranush Pegu, petitioner No. (7)Yangushi Pegu @Debojit Pegu, (8)Bandor Pegu @Mahabir Pegu, petitioner No. (9) Untel Doley @Biswajit Doley, petitioner No. (11) Niran Pegu, petitioner No. 12 Anab Pegu, and petitioner No. 17 namely, Rashna Pegu, petitioner No. (18) Bhabesh Medok, and (19) Lakhi Nath Doley. Whereas, they have implicated the petitioner No. (3) Phalguni Pegu, petitioner No. (4) Bishnu Kutum, and petitioner No. (10) Bikash Pegu, petitioner No. (13) Utpal Pegu, petitioner No. (14) Anil Pegu, petitioner No. (15) Hiren Kutum, and petitioner No. (16) Jharna Tarak Pegu, of having assaulted the deceased Dibyajyoti Kutum. Moreover, in the meanwhile, (4) Bishnu Kutum has already been arrested. Hence, his anticipatory bail application has become infructuous. Page No.# 8/9 13. Considering the fact that the petitioner No. (3) Phalguni Pegu, petitioner No. (10) Bikash Pegu, petitioner No. (13) Utpal Pegu, petitioner No. (14) Anil Pegu, petitioner No. (15) Hiren Kutum, and petitioner No. (16) Jharna Tarak Pegu, have been implicated by independent eye- witnesses in this case. Their prayer for anticipatory bail is rejected. However, as the independent witnesses have not implicated petitioner No. (1) Dinesh Pegu, petitioner No. (2) Shyamkanu Pegu, petitioner No. (5) Palu Pegu @Rahul Pegu, petitioner No. (6) Dhanush Pegu@Ranush Pegu, petitioner No. (7)Yangushi Pegu @Debojit Pegu, petitioner No. (8)Bandor Pegu @Mahabir Pegu, petitioner No. (9) Untel Doley @Biswajit Doley, (11) Niran Pegu, (12) Anab Pegu, and and petitioner No. 17 namely, Rashna Pegu, petitioner No. (18) Bhabesh Medok, and petitioner No. (19) Lakhi Nath Doley, hence, their prayer for anticipatory bail is allowed. 14. The interim bail granted to the petitioner No. 17 Rashna Pegu is hereby made absolute with the condition Nos. 1 and 2 attached to the said order remaining intact, whereas, interim bail granted to petitioner No. (16) Jharna Tarak Pegu, and petitioner No. (10) Bikash Pegu are hereby vacated and their prayer for anticipatory bail is rejected. 15. The other petitioners, namely, petitioner No. (1) Dinesh Pegu, petitioner No. (2) Shyamkanu Pegu, petitioner No. (5) Palu Pegu @Rahul Pegu, petitioner No. (6) Dhanush Pegu@Ranush Pegu, petitioner No. (7)Yangushi Pegu @Debojit Pegu, (8)Bandor Pegu @Mahabir Pegu, petitioner No. (9) Untel Doley @Biswajit Doley, petitioner No. (11) Niran Pegu, petitioner No. (12) Anab Pegu, petitioner No. (18) Bhabesh Medok, and petitioner No. (19) Lakhi Nath Doley are hereby directed to appear Page No.# 9/9 before the Investigating Officer of Jonai P.S. Case No. 37/2025 within a period of 10(ten)days from the date of this order and co-operate in the investigation. If they do so within the stipulated period of time, in the event of their arrest in connection with the aforesaid case, they shall be allowed to go on bail of Rs. 30,000/- each with a suitable surety of like amount to the satisfaction of the arresting authority with following conditions that:- (i) the petitioners shall co-operate in the investigation; and (ii) the petitioners shall not directly or indirectly make any inducement, threat or promise to the informant or to any other person who may be acquainted with the facts of the case so as to dissuade such person from disclosing such facts before the Investigating Officer or to any Court. 16. With the above observations, this anticipatory bail application is accordingly disposed of. JUDGE Comparing Assistant