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2026 DAILYLAW 3646 (GAU)

SRI HEMANTA PEGU v. THE STATE OF ASSAM

Bail Appln./1016/2026 · 2026-04-06

Parthivjyoti Saikia

body2026

Judgment text

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Page No.# 1/3 GAHC010071792026 2026:GAU-AS:5136 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1016/2026 SRI HEMANTA PEGU SON OF LATE JABAL PEGU, R/O VILLAGE- BORMURIA BUKAJAN, POLICE STATION- -SILAPATHAR, DISTRICT- DHEMAJI, ASSAM 2: SRI KIYUJ KULI ALIAS KIRUJ KULI SON OF SIBANATH KULI RESIDENT OF VILLAGE-TANGANI POLICE STATION- SILAPATHAR DISTRICT- DHEMAJI ASSAM. 3: SMTI SUIJA DAS ALIAS SURJYA DAS WIFE OF DIGEN DAS RESIDENT OF VILL- AKAJAN SANTIPUR POLICE STATION- SILAPATHAR DISTRICT- DHEMAJI ASSAM 4: THOMAS PEGU SON OF JAGAT PEGU R/O VILLAGE- BORMURIA BOKAJAN POLICE STATION- SILAPATHAR DISTRICT- DHEMAJI ASSAM. 5: SRI DINESH KULI ALIAS RAJA SON OF LATE KALING KULI R/O VILLAGE- AKAJAN MIRI GAON POLICE STATION- SILAPATHAR DISTRICT- DHEMAJI ASSA VERSUS Page No.# 2/3 THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, OF ASSAM Advocate for the Petitioner : MR. H S BORAH, MR. P HAZARIKA,MS. B THAKURIA Advocate for the Respondent : PP, ASSAM, :: BEFORE :: HON’BLE MR. JUSTICE PARTHIVJYOTI SAIKIA O R D E R 07.04.2026 Heard Mr. P. Hazarika, the learned counsel appearing for the petitioners as well as Mr. D.P. Goswami, the learned Addl. Public Prosecutor, Assam. 2. This application has been filed under Section 483 of the BNSS, 2023 whereby the petitioners, namely- (1) Shri Hemanta Pgu, (2) Shri Kiyuj Kuli @ Kiruj Kuli, (3) Smti. Suija Das @ Surjya Das, (4) Thomas Pegu and (5) Shri Dinesh Kuli @ Raja have prayed for releasing them on regular bail after they were arrested in connection with Silapathar P.S. Case No.28/2026 under Sections 191(3)/331(5)/121(2)/118(2)/132/109 of BNS R/W Section 3(1) of Prevention of Damage to Public Property Act, 1984 (for short, hereinafter referred to as “the PDPP Act”). 3. On 14.02.2026, the Higher Secondary Final Examination for the year 2026 was going on at Akajan Tribal Girls’ Higher Secondary School, which falls under Silapathar Police Station. 4. In that examination one girl named Nirjala Kuli was caught doing unfair practice. Page No.# 3/3 Smti. Lipika Lahkar, the Supervising Officer verbally warned the said girl. After examination, the girl went out of the school and at the time of crossing the National Highway, she met with an accident and sustained some injuries. Seeing the incident, a violent mob entered into the school premises and caused damage to the school properties. Said mob also manhandled different teachers of the school including Shri Manmohan Gogoi who had to be admitted in the hospital. 5. During the period of investigation, police arrested many persons including the aforementioned petitioners. 6. I have considered the submissions made by the learned counsel for both sides. 7. The five petitioners have already completed 51 days in judicial custody. 8. This Court is of the opinion that, at this stage, they no longer deserve to be detained in custody. Their bail application is allowed. 9. Accordingly, the petitioners, namely- (1) Shri Hemanta Pgu, (2) Shri Kiyuj Kuli @ Kiruj Kuli, (3) Smti. Suija Das @ Surjya Das, (4) Thomas Pegu and (5) Shri Dinesh Kuli @ Raja, who were arrested in connection with Silapathar P.S. Case No.28/2026 under Sections 191(3)/331(5)/121(2)/118(2)/132/109 of BNS R/W Section 3(1) of the PDPP Act, shall be released on bail of ₹25,000/- each with sureties of like amount to the satisfaction of the learned Chief Judicial Magistrate, Dhemaji. With the aforesaid direction, the present bail application is disposed of. JUDGE Comparing Assistant