Page No.# 1/3 GAHC010275412025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./4033/2025 SRI KIRAN PEGU S/O- LATE JUGAL PEGU RESIDENT OF UKHAL CHUK, P.O.- GARAMUR, P.S- GARAMUR, DIST-MAJULI, ASSAM, PIN-785104. VERSUS THE STATE OF ASSAM REPRESENTED BY ITS PUBLIC PROSECUTOR Advocate for the Petitioner : MR. L GOGOI, Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER Date : : 19.01.2026 Heard Mr. L. Gogoi, learned counsel appearing on behalf of the accused- applicant. Also heard Mr. N. B. Goswami, learned Addl. Public Prosecutor, representing the State respondent. 2. This is an application filed under Section 483 of the BNSS, 2023, praying for granting bail to the accused-applicant in connection with Gohpur P.S. Case No. Page No.# 2/3 105/2025, registered under sections 61(2)(a)/329(3) of BNS, 2023, read with Section 25(1-A) of Arms Act, 1959. 3. An FIR was lodged by one WSI(P) Kabyashree Borah of Gohpur Police Station on 16.11.2025, alleging that on the basis of a secret information received, one Shri Manoj Pathori of Balichapori was apprehended on suspicion of his involvement with a gang of rhino poachers. During the interrogation, the aforesaid Manoj Pathori revealed that on the night of 28th May, 2025, 3(three) persons visited his house carrying a sealed packed bah and requested him to keep safely for one night, for which, he was promised with an amount of Rs. 10 lacs as reward. 4. It was also alleged that the aforesaid three persons including the accused applicant, intimated him that the bag would be taken way by them in the morning. However, when the three persons did not turn up in the next morning, the aforesaid Manoj Pathori came to know that the bag contained a firearm with ammunition and the same was supposed to be used for rhino poaching. It was also alleged that fearing the detection, the aforesaid, Manoj Pathori contacted one, Muhi Pegu and asked him to take back the bag or else the same would be disposed of in the river. Accordingly, the aforesaid Manoj Pathori transported and handed over the aforesaid bag to one Debojit Pegu as directed by Muhi pegu. 5. It was alleged in the FIR that on the basis of such information, the police team searched the house of Debojit Pegu and recovered 09 Nos. of 12 bore live ammunition and 02 Nos. suspected Deer horn from the house of Debojit Pegu. On the basis of such FIR, the police registered the Gohpur Police Station Case No. 105/2025, under the aforementioned Sections. 6. The learned counsel for the accused applicant submits that the accused applicant has already spent 93 days behind the Bar and the investigating authority is yet to file the Charge-sheet in the instant matter. Therefore, the accused applicant is eligible for default Page No.# 3/3 bail in the instant case. 7. The learned Addl. P.P., submits that Charge-sheet in the instant matter is yet to be filed. 8. Considering all the aspects, this Court is of the considered opinion that the accused applicant, namely, Mr. Kiran Pegu is liable to be released on default bail and therefore, it is directed that the accused-applicant is directed to be released on bail forthwith on furnishing of bail bond of Rs. 30,000/- (Rupees Thirty Thousand), with a surety of like nature to the satisfaction of the learned SDJM (M), Gohpur, Biswanat Chariali, subject to the following conditions: - (1) That the accused-applicant shall appear before the Investigating officer as and when called for and fully co-operate in the investigation of the case. (2) The accused-applicant shall not hamper the investigation nor tamper with any evidence or influence any witnesses connected with the case. 9. Accordingly, the instant bail application is disposed of as allowed. JUDGE Comparing Assistant