Page No.# 1/7 GAHC010245292025 2026:GAU-AS:2545 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2739/2025 HOREN TOKBI AND 13 ORS. SON OF BABU TOKBI RESIDENT OF 45, DENGAON, LOKSO GAON, DUARBAMUNI, PHULONI, P.S. DOKMOKA DIST. KARBI ANGLONG, ASSAM, PIN-782441. 2: LONGSING TIMUNG SON OF SOMBARI TERANGPI RESIDENT OF VILL-MAJA TOKBI BHALUKJAN P.S. DOKMOKA DIST. KARBI ANGLONG ASSAM PIN-782441 3: MENSING KRAMSA SON OF KANIA KRAMSA RESIDENT OF VILL- LOKSO GAON P.O. PARAKHOWA BAZAR P.S. DOKMOKA DIST. KARBI ANGLONG ASSAM PIN-782441 4: PRADIP TOKBI SONOF LEK SING TOKBI RESIDENT OF VILL- LAKACH GAON P.S. DOKMOKA DIST. KARBI ANGLONG ASSAM Page No.# 2/7 PIN-782441 5: BABU TOKBI SON OF ERDANG TOKBI RESIDENT OF VILL- LOKSO TOKBI GAON P.O. PARAKHOWA BAZAR P.S. DOKMOKA DIST. KARBI ANGLONG ASSAM PIN-782441 6: SARMUNG TOKBI SON OF KANIA TOKBI RESIDENT OF VILL- MAJA TOKBI GAON P.O. PARAKHOWA BAZAR P.S. DOKMOKA DIST. KARBI ANGLONG ASSAM PIN-782441 7: SAJON RONGHANG SON OF BABU RONGHANG RESIDENT OF VILL- LOKSO GAON P.O. PARAKHOWA BAZAR P.S. DOKMOKA DIST. KARBI ANGLONG ASSAM PIN-782441 8: AUGUSTIN ENGTI SON OF BABU SINGH ENGTI RESIDENT OF VILL- LOKSO GAON P.O. DOKMOKA DIST. KARBI ANGLONG ASSAM PIN-782441 9: BAJONG TERANG SON OF BIREN TERANG RESIDENT OF VILL- LAKACH GAO P.O. PARAKHOWA BAZAR P.S. DOKMOKA Page No.# 3/7 DIST. KARBI ANGLONG ASSAM PIN-782441 10: SARKIRI PHANGCHO SON OF PAN SING PHANGCHO RESIDENT OF VILL- LOKSO GAON P.O. PARAKHOWA P.S. DOKMOKA DIST. KARBI ANGLONG ASSAM 11: PAN SING PHANGCHO SON OF KANIA PHANGCHO RESIDENT OF VILL- LOKSO RESIDENT OF VILL- LOKSO GAON P.O. PARAKHOWA P.S. DOKMOKA DIST. KARBI ANGLONG ASSAM 12: ANJOY TIMUNG SON OF RAMSING TIMUNG RESIDENT OF VILL- MAJA TOKBI GAON P.O. PARAKHOWA BAZAR P.S. DOKMOKA DIST. KARBI ANGLONG ASSAM PIN-782441 13: JIRSONG TOKBI SON OF BIREN TOKBI RESIDENT OF VILL- MAJA TOKBI GAON P.O. PARAKHOWA BAZAR P.S. DOKMOKA DIST. KARBI ANGLONG ASSAM PIN-782441 14: ASWIN TIMUNG Page No.# 4/7 S/O PHUMEN TIMUNG RESIDENT OF PATOR TIMUNG GAON P.O. PARAKHOWA BAZAR P.S. DOKMOKA DIST. KARBI ANGLONG ASSAM PIN-78244 VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. A CHAUDHURY, MR. D BORA,MR. N MAHAJAN,MR. P K DAS Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER Date : 19-02-2026 Heard Mr. N. Mahajan, learned counsel appearing for the accused applicants and Mr. K. K. Parasar, learned Additional Public Prosecutor for the State. 2. This is an application under Section 482 of the BNSS, 2023 praying for granting pre-arrest bail to the accused applicants in connection with Dokmoka P.S. Case No. 19/2025 under Sections 126(2)/117(2)/118(2)/189(2)/103(2)/3(5) of BNS, 2023 read with Sections 7/5 of the Assam Witch Hunting (Prohibition, Prevention and Protection) Act, 2015. 3. The prosecution case, as narrated in the FIR lodged before the Officer-in- Page No.# 5/7 Charge of Dokmoka Police Station on 03.07.2025, is as follows: On 30.06.2025, a public meeting was held at around 2000 hrs, which was attended by the informant and her husband, Samsing Ronghang. It was alleged that upon reaching the playground where the meeting was conducted, the informant came to know that Mirlong Kramsa, son of Mensing Kramsa of the same village, was suffering from typhoid disease. Subsequently, Mirlong Kramsa alleged before the public that the informant’s husband had caused his illness by performing black magic. During the meeting at the playground, three headmen were present. Upon such intimation by Mirlong Kramsa, the informant’s husband was severely assaulted by some persons, causing grievous injuries to his body. He was then taken to Diphu Medical College & Hospital for treatment but, unfortunately, he succumbed to his injuries during the course of treatment. 4. On receipt of the FIR, the police registered Dokmoka P.S. Case No. 19/2025 under the aforementioned Sections. 5. Mr. Mahajan, learned counsel for the accused applicants submitted that this is a typical case involving allegations of black magic against the victim and his wife. He further submitted that there was no intention on the part of the accused applicants to kill the deceased. However, at the relevant time, being illiterate persons, they might have been influenced by the statement that black magic had been performed by the husband of the informant. He also submitted that amongst the accused applicants, accused applicant Nos. 13 and 14 are juveniles, below the age of 18 years. Furthermore, he submitted that accused applicants Nos. 2, 4, 5 and 6 are not named in the FIR. Therefore, he submitted that the accused applicants, being illiterate persons influenced by superstitious beliefs, should be granted anticipatory bail at this stage, as they are ready to cooperate with the investigation. Page No.# 6/7 6. Per contra, Mr. Parasar, learned Additional Public Prosecutor for the State, submitted that the deceased was badly beaten by the accused applicants and that the investigation is still ongoing. Therefore, at this stage, bail should not be granted to the accused applicants. However, in respect to applicant Nos. 13 and 14, being juveniles, bail may be considered by this Court as it deems fit. He further submitted that the informant has specifically named accused applicant Nos. (1) Horen Tokbi, (3) Mensing Kramsa, (7) Sajon Ronghang, (8) Augustin Engti, (9) Bajong Terang (10) Sarkiri Phangcho, (11) Pan Sing Phangcho and (12) Anjoy Timung in the FIR and therefore, the prayer for anticipatory bail should not be granted to those accused applicants. 7. After hearing the submissions of the learned counsel appearing for the respective parties and on perusal of the Case Diary, this Court is of the view that accused applicant Nos. 2, 4, 5, 6, 13, and 14 should be granted the privilege of pre-arrest bail at this stage. Accordingly, it is directed that, in the event of the arrest of accused applicant Nos. (2) Longsing Timung, (4) Pradip Tokbi, (5) Babu Tokbi, (6) Sarmung Tokbi, (13) Jirsong Tokbi, and (14) Aswin Timung, in connection with Dokmoka P.S. Case No. 19/2025, they shall be released on bail upon furnishing a bail bond of Rs. 20,000/- (Rupees Twenty Thousand) each, with one surety of like amount, to the satisfaction of the arresting authority, subject to the following conditions: i. The accused applicants shall appear before the investigating officer within 10 days from the passing of this order; ii. The accused applicants shall cooperate with investigation and appear before the investigating officer as and when called for; Page No.# 7/7 iii. The accused applicants shall not attempt to hamper or tamper with evidence or influence the witnesses. 9. With the above directions, the anticipatory bail application stands disposed of, as partly allowed. 10. Return the Case Diary. JUDGE Comparing Assistant