Page No.# 1/3 GAHC010173432025 2025:GAU-AS:13830 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2237/2025 MOHENDRA PEGU S/O- RAMESH PEGU R/O- VILL- PARGHULI MOIDAMIA P.O- MOIDUMIA DIST-NORTH LAKHIMPUR ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP ASSAM ------------ Advocate for : MR. D CHUTIA Advocate for : PP ASSAM appearing for THE STATE OF ASSAM BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER 15.10.2025 Heard Mr. S Borthakur, learned counsel for the accused applicant. Also heard Mr. B Sarma, learned Additional Public Prosecutor, Assam for the State. 2. This is an application under Section 482 of BNSS, 2023, praying for grant of pre- Page No.# 2/3 arrest bail to the accused applicant, namely, Sri. Mohendra Pegu, who is apprehending his arrest in connection with the North Lakhimpur P.S. Case No. 40/2025 registered under Sections 117(2)/140(3)/3(5) of BNS, 2023 with added Sections 109/103(2) of the BNS, 2023. 3. The brief facts as have been narrated in the FIR lodged on 25.01.2025 are that on 24.01.2025 while the informant’s husband Sri. Kanak Bora was present in his mustard field at Bokolibheta, Missing Gaon area, the accused applicants along with some other persons brutally assaulted him and thereafter, kidnapped him from the field. Since he was missing after an extensive search it was found that Sri. Kanak Bora was under treatment at Assam Medical College, Dibrugarh and he was fighting for his life. 4. It has been submitted that the aforesaid victim of the assault, Sri. Kanak Bora expired during his treatment in the Assam Medical College, Dibrugarh. 5. After the receipt of the aforesaid FIR, North Lakhimpur P.S. Case No. 40/2025 was registered under Sections 117(2)/140(3)/3(5) of BNS, 2023 initially and later on Sections 109/103(2) of the BNS, 2023 were added. 6. The learned counsel appearing for the accused applicant submits that vide an order dated 11.09.2025 this Court has already granted interim pre-arrest bail to the accused applicant and accordingly, the accused applicant had already appeared before the investigating authority. He further submits that the accused applicant shall keep on co-operating with the investigating authority in all possible ways. Therefore, he submits that the interim pre-arrest bail so granted by this Court vide it’s order dated 11.09.2025 should be made absolute. 7. The case diary in the instant case was called for and the same is received by this Court. 8. The learned APP, Assam for the State submits that there are various incriminating materials against the accused applicant which show the active involvement of the Page No.# 3/3 accused applicant in the commission of the crime as narrated in the aforesaid FIR. 9. This Court has thoroughly perused the case diary containing statements of various witnesses recorded by the police as well as other materials brought on record before this Court. From the statements so recorded of various witnesses, it is prima facie appeared that the accused applicant, namely, Mohendra Pegu along with some others are involved in the commission of the crime so narrated in the FIR. It is also appeared that the accused applicant along with some other co-accused persons, in fact, had brutally assaulted the deceased Kanak Bora while he was being transported from the mustard field to the hospital in Dibrugarh after his initial assault at the mustard field. 10. In view of the presence of incriminating materials pointing fingers to the accused applicant of his involvement in the alleged crime, this Court is of the considered opinion that the interim pre-arrest bail so granted to the aforesaid accused applicant should be cancelled. 11. In view of the aforesaid, the interim pre-arrest bail so granted to the accused applicant vide order dated 11.09.2025 is hereby cancelled. 12. In view of the aforesaid directions, the instant pre-arrest bail application stands disposed of. 13. Let the case diary be returned. JUDGE Comparing Assistant