Research › Search › Judgment

Gauhati High Court · body

2026 DAILYLAW 12969 (GAU)

CHESONG PHANGCHO ALIAS CHESONG PHONGCHO v. THE STATE OF ASSAM

Bail Appln./2352/2026 · 2026-08-26

Pranjal Das

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010172712026 2026:GAU-AS:12340 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2352/2026 CHESONG PHANGCHO ALIAS CHESONG PHONGCHO SON OF BORSING PHANGCHOPER MANENT RESIDENT OF UPPER DEOPANI, NOBIN TISSO, JAPARAJAN, SILONIJAN, P.O. AND P.S. BORPATHAR, DISTRICT KARBI ANGLONG ASSAM, PIN 782470 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. N K MURRY, MS S.DAS,MS N NEWME,MS P TOKBIPI Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS ORDER Date : 27-08-2026 Heard Mr. N.K. Murry and Ms. P. Tokbipi, learned counsel for the accused- applicant; and Mr. P. Borthakur, learned Additional P.P. for the State respondents. 2. This bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 is preferred by the accused-applicant, namely, Chesong Page No.# 2/3 Phangcho @ Chesong Phongcho, who has been languishing in jail hazot since 13.07.2026, in connection with Bokajan P.S. Case No.32/2026, under Section 126(2)/127(3)/3(3)/351(3) of BNS read with Section 4/7/9 and 14 of the Assam Witch Hunting (Prohibition, Prevention and Protection) Act, 2015, pending before the Court of learned District & Sessions Judge, Karbi Anglong, Diphu, in Special Case No.3/2026, for grant of bail. 3. The FIR dated 11.07.2026 is lodged by the informant, Khelan Terang naming two accused persons including the present petitioner and unnamed villagers and family members. The gist of the allegation is that the present petitioner as accused no. 2 had declared that the informant and her family members were using some black magic and supernatural power to kill the accused no. 1. In the context of the same, subsequently, the informant and her family members were taken to the temple of which the petitioner no. 2 is the priest and forced them to plead guilty. It is also alleged that subsequently they compelled them to leave the village despite the fact that her daughter-in-law had just given birth to a child. The present petitioner was arrested on 13.07.2026. 4. The investigation resulted into charge-sheet and registered the case as Special Case No.3/2026 which is stated to be at the stage of trial before the learned Special Judge, Karbi Anglong at Diphu. 5. The scanned TCR has been received. 6. Upon considering the matter and also the length of detention as well as the stage of the case, I am of the considered view that the petitioner should be allowed to go on bail. Page No.# 3/3 7. Accordingly, the petitioner shall be allowed to go on bail on furnishing a bail bond of Rs. 30,000/- (rupees thirty thousand only) with one surety of the like amount to the satisfaction of the learned Special Judge, Karbi Anglong at Diphu, subject to the further conditions that :- (i) Shall be available for the trial; (ii) shall not hamper or tamper with evidence; and (iii) shall not intimidate or harass the informant or her family members. (iv) Shall not commit any illegal activities including any activities or acts prohibited under the Assam Witch Hunting (Prohibition, Prevention and Protection) Act, 2015. 8. The bail application stands allowed and disposed of. JUDGE Comparing Assistant