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2026 DAILYLAW 8838 (GAU)

PELURAM DEORI v. THE STATE OF ASSAM AND ANR

Bail Appln./1236/2026 · 2026-06-22

Rajesh Mazumdar

body2026

Judgment text

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Page No.# 1/4 GAHC010090652026 2026:GAU-AS:9102 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1236/2026 PELURAM DEORI S/O LATE NARAYAN DEORI VILL- SANKARPUR P.S. MADHUPUR P.S. NARAYANPUR DIST. LAKHIMPUR, ASSAM VERSUS THE STATE OF ASSAM AND ANR REP BY THE PP, ASSAM 2:SMT. PURNIMA DEORI W/O SRI BIJOY DOLEY VILL- NO. 2 DIKRONG CHAPORI P.S. BIHPURI Advocate for the Petitioner : MR. A RAJKHOWA, AMIR HUSSAIN,MR. R P HAZARIKA Advocate for the Respondent : PP, ASSAM, DR. P AGARWAL, AMICUS CURIAE, R2 Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE RAJESH MAZUMDAR ORDER 23.06.2026 1. None appears for the petitioner on call. 2. Mr. R.R. Kaushik, learned Addl. Public Prosecutor appears for the State, and Dr. Agarwal, learned counsel, appears for the respondent No. 2 as Amicus Curiae. 3. By the Order dated 27.03.2026 passed in AB No. 111/2026, this Court had granted the following relief to the petitioner:- “This is an application filed under Section 482 of the BNSS, 2023, praying for the grant of pre-arrest bail to the accused/petitioner, namely, Peluram Deori, in connection with Bihupuria PS Case No. 147/2021, registered under Section 341/376 of the IPC, read with Section 4 of the POCSO Act, 2012. The records of the case reveal, as submitted by the learned counsel for the petitioner, that NBWA and P&A against the petitioner were issued on 07.01.2026 and subsequently on 05.03.2026. The learned counsel for the petitioner submits that the petitioner may be granted an opportunity to appear before the learned trial court without being apprehended in the meantime. It is further submitted that the petitioner is willing to appear before the learned trial court. Accordingly, the orders dated 07.01.2026 and 05.03.2026, whereby NBWA and P&A have been issued against the petitioner, are kept in abeyance till Page No.# 3/4 22.04.2026. The petitioner shall appear before the learned trial court on or before the said date and pray for regular bail during the course of trial proceedings. It is further provided that in the event the petitioner is arrested on or before 22.04.2026, he shall be released on bail upon furnishing a bond of Rs. 20,000/- with one surety of the like amount, to the satisfaction of the arresting authority. The bail application stands disposed of.” 4. The petitioner had appeared before the learned Trial Court on 22.04.2026, and on his appearance, despite recording the orders passed by this Court on 27.03.2026, the learned Special Judge, POCSO, Lakhimpur, North Lakhimpur, proceeded to remand the accused to judicial custody, issued a jail warrant and fixed the matter on 06.05.2026 for production and copy. 5. This Court had directed the release of the petitioner in the event of his arrest on or before 22.04.2026. On the appearance of the petitioner on 22.04.2026 before the learned Trial Court, the petitioner ought to have been released on bail on such terms and conditions as would have been deemed fit by the learned Trial Court. 6. In the circumstances, since charge sheet has already been submitted and this Court had already granted the privilege of pre-arrest bail to the petitioner by the Order dated 27.03.2026 in AB No. 111/2026, it is deemed fit to allow the Page No.# 4/4 privilege of bail to the petitioner in connection with Special POCSO Case No. 16/2024, pending in the Court of learned Special Judge, POCSO, Lakhimpur, North Lakhimpur. 7. I have also gone through the scanned copy of the Trial Court Records, and this Court does not deem the further custody of the petitioner necessary. 8. The petitioner, namely Sri Peluram Deori shall be released on bail by the learned Trial Court on his providing a bond of Rs. 20,000/- with one surety of the like amount to the satisfaction of the learned Trial Court. It is provided that the petitioner shall not, in any manner, interact, influence, hamper or tamper with the witnesses or evidence sought to be led by the prosecution. 9. Bail petition is accordingly disposed of. 10. Copy of this order be sent forthwith to the learned Trial Court, who shall arrange for this order to be brought to the notice of the petitioner since none has appeared for him today. JUDGE Comparing Assistant