Page No.# 1/5 GAHC010192642025 2025:GAU-AS:13025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2051/2025 PURNA PEGU AND 6 ORS. SON OF SURAT PEGU R/O VILL- JIADHAL P.S. JONAI DIST. DHEMAJI, ASSAM 2: SRI PADMA KANTA DOLEY SON OF FATIK DOLEY R/O VILL- JIADHAL P.S. JONAI DIST. DHEMAJI ASSAM 3: SRI BADAL PEGU S/O SURAT PEGU R/O VILL- JIADHAL P.S. JONAI DIST. DHEMAJI ASSAM 4: SRI BIJOY DOLEY S/O PATIKA DOLEY R/O VILL- JIADHAL P.S. JONAI DIST. DHEMAJI ASSAM 5: SRI HALIRAM DOLEY S/O KULANATH DOLEY R/O VILL- JIADHAL P.S. JONAI DIST. DHEMAJI ASSAM Page No.# 2/5 6: SRI RAJKUMAR MEDOK S/O BILADHAR MEDOK R/O SANTIPUR P.S. JONAI DIST. DHEMAJI ASSAM 7: MADHU KULI S/O OIRAM KULI R/O VILL- MIRI TAKO P.S. JONAI DIST. DHEMAJI ASSAM 8: SRI RAJKUMAR MEDOK @ MALLU S/O BUDDURAM MEDOK R/O VILL- SANTIPUR P.S. JONAI DIST. DHEMJI ASSA VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR S BORTHAKUR, MR. D CHUTIA,MR. D GOGOI Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS ORDER Date : 19.09.2025 Heard Mr. S. Borthakur, learned counsel for the petitioners. Also heard Mr. D.P. Goswami, learned Additional Public Prosecutor for the State. Page No.# 3/5 2. By this petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the petitioners, namely, (i) Purna Pegu (ii) Padma Kanta Doley (iii) Badal Pegu (iv) Bijoy Doley (v) Haliram Doley (vi) Rajkumar Medok (vii) Madhu Kuli (viii) Rajkumar Medok @ Mallu, have prayed for granting pre-arrest bail, apprehending arrest in connection with Jonai P.S. Case No. 90/2023 (corresponding to PRC No. 41/2025) under Section 147/148/325/326/302/392/427/506 IPC. 3. The case arose out of an FIR dated 05.07.2023 lodged by one Bichiram Taye with allegation that on 04.07.2023, during meeting organized by the people at cattle foster at Munmuni Chapori village, six villagers under the leadership of the named persons in the FIR attacked the cattle foster with sharp weapon as a result of which as many as 25 persons were grievously injured and the secretary of Jonai Sub-division, Khuti, succumbed to his injuries. The accused persons also alleged to have been destroyed the Buffalo shed and looted money of Rs.1,50,000/ and threatened to kill the cattle foster. 4. Scanned copy of TCR, as called for, has been received. 5. The learned counsel for the petitioners fairly submits that the allegations are undoubtedly are very serious but the petitioners were never arrested during the investigation and as the charge sheet has been submitted, seeking anticipatory bail at this stage. 6. The learned Additional Public Prosecutor submits that upon completion of investigation, charge sheet has been laid against the accused persons herein. He has raised objection to the bail and submits that the investigation has implicated all these petitioners in a significant manner and they have been Page No.# 4/5 rightly charge sheeted. 7. I have perused the narration in the charge sheet. It appears therefrom that as per medical report of the medical officer, apart from death of the one person and several persons sustained grievous injuries and several other sustained simple injuries. 8. Considering the gravity of the alleged offences, the significant incriminating materials against the petitioners and the prima facie consequences of their alleged criminal act resulting in death of one person and injuries to several others – perhaps on merits, it might not be a fit case to grant anticipatory bail. 9. The petitioners have been indicated as absconder in the charge sheet. The case is stated to be at the stage of appearance and pending for committal. In my considered opinion, not much purpose may be served by keeping the accused persons in detention, provided their presence can be ensured and stringent conditions imposed to ensure that they do not harm any member of the informant’s side. Refusing bail to the petitioners at this stage might even delay the commencement of the trial. Therefore, despite the grave nature of the material, reveals looking at the matter for the point of view indicated above, I am inclined to grant anticipatory bail to the petitioners, subject to stringent conditions. 10. Accordingly, it is provided that in the event of arrest of the petitioners, named above, in connection with Jonai P.S. Case No. 90/2023 (corresponding to PRC No. 41/2025) under Section 147/148/325/326/302/392/427/506 IPC, they shall be released on furnishing bail bond of Rs.30,000/- each with a suitable Page No.# 5/5 surety each of the like amount, to the satisfaction of the arresting authority. 11. The direction for pre-arrest bail is subject to the condition that the petitioners: (a) shall not abscond; (b) shall appear before the trial court; (c) shall not hamper or tamper with evidence; (d) shall not intimidate or harass or try to influence any witnesses; (e) shall not in any manner harm or harass the family members of the informant’s side; (f) shall not misuse the liberty to commit any offence and (g) shall maintain peace and otherwise cooperate with process of law. 12. Violation of condition(s) shall entail cancellation of pre-arrest bail. 13. The anticipatory bail application stands allowed and disposed of. JUDGE Comparing Assistant