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2026 DAILYLAW 1066 (GAU)

SOME HEMBROM AND 18 ORS. v. THE STATE OF ASSAM

Bail Appln./320/2026 · 2026-02-23

Anjan Moni Kalita

body2026

Judgment text

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Page No.# 1/5 GAHC010019302026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./320/2026 SOME HEMBROM AND 18 ORS. S/O- CHUNA HEMBROM. VILL- GAURI NAGAR. P.S. DIST- KOKRAJHAR 2: SATYANATH TUDU S/O- LATE MANSI TUDU. VILL- GAURI NAGAR P.S. DIST.- KOKRAJHAR. 3: SUNIL TUDU S/O- HOPNA TUDU. VILL- DAKSHIN KARIGAON. P.S. DIST.- KOKRAJHAR 4: GONI MARDI S/O-LATE KALA MARDI. VILL- DAKSHIN KARIGAON. P.S. DIST.- KOKRAJHAR 5: ROBIN SOREN S/O-PARJET SOREN. VILL- GAURI NAGAR. P.S. DIST.- KOKRAJHAR. 6: CHOTON MARDI S/O-LATE DEWAN MARDI. VILL- GAURI NAGAR. P.S. DIST.- KOKRAJHAR. 7: SANATON SOREN S/O- PARJET SOREN. VILL- GAURI NAGAR. P.S. DIST - KOKRAJHAR. 8: ROBIN HEMBROM S/O- LATE CHANG KHANI. VILL- DAKSHIN KARIGAON. P.S. DIST.- KOKRAJHAR 9: NABI HASDA S/O- KISHUN HASDA. VILL- GAURI NAGAR. P.S. DIST.- KOKRAJHAR. 10: MONTU MURMU S/O- DOKAN MURMU. VILL- DAKSHIN KARIGAON. P.S. DIST.- KOKRAJHAR. Page No.# 2/5 11: SUBAN MARDI S/O- MUDRAI MURDI. VILL- GAURI NAGAR. P.S. DIST.- KOKRAJHAR. 1 12: MANGAL MURMU S/O- LATE SOM MURMU. VILL- DAKSHIN KARIGAON. P.S. DIST.- KOKRAJHAR. 13: PAUL HAMBROM S/O-LATE JONASH HEMBROM. VILL- DAKSHIN KARIGAON. P.S. DIST.- KOKRAJHAR. 14: BASSILLIUS SOREN S/O- BITKA SUREN. VILL- GAURI NAGAR. P.S. DIST.- KOKRAJHAR 15: SIBASH HEMBROM S/O-LATE SOMAI HEMBROM. VILL- GAURI NAGAR. P.S. DIST.- KOKRAJHAR 16: SABA MURMU S/O- LATE RAM DAS MURMU. VILL- DAKSHIN KARIGAON. P.S. DIST.- KOKRAJHAR. 17: SANIRAM MURMU S/O-SOM MURMU. VILL- DAKSHIN KARIGAON. P.S. DIST.- KOKRAJHAR 18: NICHOLAS SOREN S/O- LATE SUNIL SOREN. VILL- DAKSHIN KARIGAON. P.S. DIST.- KOKRAJHAR. 19: BUDURAI KISKO S/O- LATE JAGAN KISKO.VILL- GAURI NAGAR. P.S. DIST.- KOKRAJHAR. ALL PIN-78337 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. A ROSHID, Advocate for the Respondent : PP, ASSAM, Page No.# 3/5 BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER 24.02.2026 Heard Mr. A. Roshid, learned counsel for the accused/applicants. Also heard Mr. R.J. Baruah, learned APP for the State. 2. This is an application under Section 483 of the BNSS, 2023 has been filed by the accused/applicants, namely, (1) Some Hembrom, (2) Satyanath Tudu, (3) Sunil Tudu, (4) Goni Mardi, (5) Robin Soren, (6) Choton Mardi, (7) Sanaton Soren, (8) Robin Hembrom, (9) Nabi Hasda, (10) Montu Murmu, (11) Suban Mardi, (12) Mangal Murmu, (13) Paul Hambrom, (14) Bassillius Soren, (15) Sibash Hembrom, (16) Saba Murmu, (17) Saniram Murmu, (18) Nicholas Soren and (19) Budurai Kisko, praying for grant of bail in connection with Kokrajhar P.S. Case No.12/2026 under Sections 103(2)/109(2)/117(4)/118(2)/324(5) of BNS, 2023 (GR Case No.26/2026). 3. An FIR was lodged on 20.01.2026 by one Baranda Basumatary before the Kokrajhar Police Station, alleging, inter alia, that on the evening of 19.01.2026, at about 7:00 PM, his son-in-law Sikhna Jwhwlao Bismith was driving his own Scorpio vehicle, bearing registration number AS-01-GK-9152, returning from his work site with goods. According to the FIR, when he was about to reach Audang Bazar, his vehicle met with an accident, resulting in the death of an Adivasi person on the spot. Following the accident, local Adivasi people allegedly attacked the vehicle, assaulted his son-in-law, who died on the spot, while two other persons were later rescued by the police. On receipt of the FIR, the police registered Kokrajhar P.S. Case No. 12/2026 under the aforementioned sections of law. Page No.# 4/5 4. The learned counsel for the accused/applicant submits that Accused/Applicant No. 1 is a boy of 18 years, who has already been granted interim protection by a coordinate bench of this Court, vide order dated 06.02.2026. He further submits that Accused/Applicant No. 2 is a teacher and was not involved in the aforesaid incident, rather, he tried to prevent the violent activities alleged to have occurred at the place of the incident. He further submits that, except for Accused/Applicant No. 1, the other accused/applicants have been in custody for the past 35 days. Considering the length of detention, it is prayed that the accused/applicants be allowed to go on bail. 5. On the other hand, Mr. R.J. Baruah, learned APP for the State, submitted that there are sufficient materials regarding the involvement of the accused/applicants in the instant case. However, he further submits that, as per the note of the investigating officer, Accused/Applicant No. 2 was not involved in the incident and, in fact, tried to prevent the acts of violence. 6. Taking into account the heinous nature of the incident, involving the killing of a person by a group of people, this Court is not inclined at this stage to grant bail to the other accused/applicants, except Accused/Applicant No. 1 and No. 2. 7. Accordingly, it is directed that the interim protection granted earlier, vide order dated 06.02.2026 in respect of Accused/Applicant No. 1 shall stand confirmed. 8. It is further directed that Accused/Applicant No. 2 shall be released forthwith on furnishing a bail bond of Rs. 20,000/- with a surety of like amount, to the satisfaction of the CJM, Kokrajhar, subject to the following condition that the Accused/Applicant No. 2 shall cooperate with the investigation and appear before the I.O. whenever called upon by the Investigating Officer. Page No.# 5/5 9. The prayer for bail of the other accused/applicants, as aforesaid, is rejected at this stage. 10. In terms of the above directions, this bail application stands disposed of. JUDGE Comparing Assistant