Page No.# 1/4 GAHC010040972026 2026:GAU-AS:4072 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./606/2026 SMTI. MAMONI DEKARAJA AND ORS W/O- SRI AJAY DEKARAJA, R/O- NAMGHAON, P.S- RAHA, DIST.- NAGAON, ASSAM 2: AJOY DEKARAJA S/O- LATE DEBEN DEKARAJA R/O- NAMGAON P.S- RAHA DIST.- NAGAON ASSAM 3: KRISHNA KANTA DEKARAJA S/O- SRI AJAY DEKARAJA R/O- NAMGAON P.S- RAHA DIST.- NAGAON ASSAM 4: LABAN DEKARAJA S/O- MANGALSING DEKARAJA R/O- NAMGAON P.S- RAHA DIST.- NAGAON ASSA VERSUS THE STATE OF ASSAM AND ORS REPRESENTED BY PUBLIC PROSECUTOR, ASSAM. Advocate for the Petitioner : MR A SHARMA, MR I AHMED Advocate for the Respondent : PP, ASSAM, Page No.# 2/4 BEFORE HON’BLE MRS. JUSTICE MITALI THAKURIA O R D E R Date : 20.03.2026. Heard Mr. A. Sharma, learned counsel for the petitioners. Also heard Mr. B. Sarma, learned Addl. P.P., Assam appearing on behalf of the State respondent. This is an application under Section 483 of BNSS, 2023 praying for grant of bail to the accused petitioners, namely, (1) Smti. Mamoni Dekaraja, (2) Ajoy Dekaraja, (3) Krishna Kanta Dekaraja and (4) Lobo Dekaraja, who have been arrested on 09.01.2026, in connection with Raha P.S. Case No. 05/2026, under Sections 103(1)/3(5) of the BNS, 2023. It is submitted by Mr. B. Sarma, the learned Addl. P.P., Assam that the case diary is not received nor any intimation is received from the I.O. It is submitted by Mr. Sharma, the learned counsel for the petitioners that the accused petitioners are innocent and have not committed any such offence as alleged against them in the FIR. However, it is a fact that one unknown person died due to assault by some of the persons who gathered at the place of occurrence. But though the names of the present petitioners are reflected in the FIR, but they are not the persons who assaulted the victim. However, all the petitioners are behind the bar for last 69 days and considering, their length of detention, they may be released on bail. Mr. Sharma, the learned counsel for Page No.# 3/4 the petitioners further submitted that one of the co-accused has already enlarged on bail considering the length of detention by a coordinate Bench of this Court. So considering the case of the present accused petitioners at the same footing, they may also be released on bail. Mr. Sarma, the learned Addl. P.P., Assam submitted in this regard that it is a fact that in absence of the case diary, it is not possible on his part to make any submission on the merit of the case or regarding the involvement of the present petitioners in the alleged offence. But from the FIR, it is seen that all the petitioners are FIR named accused and hence, he submitted that the case diary may be awaited before passing any order on merit. Considering the submission of learned counsel for both sides, without going detail into the merit of the case, only considering the length of detention, already undergone by the present accused petitioners, this Court is of the opinion that further custodial interrogation may not be necessary for the purpose of investigation of the case. Considering this aspect of the case and also considering the case of the present petitioners in the same footing with another co-accused who had already granted bail, I find that the privilege of bail may be extended to the present accused petitioners. Accordingly, it is provided that on furnishing a bond of Rs. 20,000/- (Rupees twenty thousand) only with one surety of like amount for each of them, to the satisfaction of the learned CJM, Nagaon, the accused petitioners named above, will be enlarged on bail, subject to the following conditions: Page No.# 4/4 (i) that the petitioners will not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer; (ii) that the petitioners will not leave the jurisdiction of the learned CJM, Nagaon, without prior permission, and (iii) that the petitioners will submit copy of their Aadhar Card and PAN Card before the learned CJM, Nagaon. In terms of above, this bail application stands allowed and disposed of. JUDGE Comparing Assistant