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2026 DAILYLAW 9373 (GAU)

JIGENDRA MORAN AND 2 ORS v. THE STATE OF ASSAM

AB/1435/2026 · 2026-07-12

Anjan Moni Kalita

body2026

Judgment text

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Page No.# 1/3 GAHC010132552026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1435/2026 JIGENDRA MORAN AND 2 ORS S/O LATE BHELANG MORAN, R/O VILL. JOYGUKHOWA GAON, P.O. BORGAON, MAKUM, P.S. BAREKURI, PIN 786170, DIST. TINSUKIA, ASSAM. 2: SUBHAJIT CHTUTIA S/O LATE AJIT CHUTIA R/O VILL. JOYGUKHOWA GAON P.O. BORGAON MAKUM P.S. BAREKURI PIN 786170 DIST. TINSUKIA ASSAM. 3: MAIMON MORAN S/O SRI HEMONTA MORAN R/O VILL. JOYGKHOWA GAON P.O. BORGAON MAKUM P.S. BAREKURI PIN 786170 DIST. TINSUKIA ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR S M ABDULLAH P, MR. A E HUSSAIN,MR. S HAQUE Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER Date : 13.07.2026 Heard Mr. S.M. Abdullah P, learned counsel for the accused applicants. Also heard Mr. P. S. Lahkar, learned Additional Public Prosecutor appearing for the State. 2. This is an application filed under Section 482 of the BNSS, 2023 praying for grant of pre-arrest bail to the accused applicants 1. Jigendra Moran 2. Subhajit Chutia and 3. Maimon Moran in connection with Barekuri P.S. Case No.07/2026 under Sections 109/117(2)/118(2)/190/191(2)/191(2)/191(3)/296/351(3) of BNS, 2023. 3. An FIR was lodged on 30.05.2026 by one Himadri Dohotia Chetia before the Officer- In-Charge of Barekuri Police Station alleging inter alia that on 29.06.2025 at 8.30 pm, the accused Jigendra Moran and his companions abused his husband, brother, mother and father-in-law at Ghatowal village in front of the rig of Oil India Limited in filthy languages and the accused Subhajit Chutia, Maimon Moran and others brutally assaulted them with sharp weapon causing grievous injuries. Due to such assault, the informant’s husband, bother, mother and father-in-law were required to be taken to hospital for medical treatment. 4. On receipt of the FIR, Police registered Barekuri P.S. Case No.07/202 under the aforementioned Sections. 5. The learned counsel for the accused applicants submits that after filing of the FIR, the police visited the residence of the accused applicants and they are seriously apprehending arrest in the instant case and therefore, has filed the instant anticipatory bail application. He submits that the allegations made in the FIR are not correct and infact, some fight had occurred due to certain misunderstanding regarding allotment of certain contractual works at the site rig of Oil India Limited. He submits that the fight was not intentional and the injuries alleged to have been sustained by the informant’s family Page No.# 3/3 member are not of serious in nature. He further submits that three co-accused in the instant case have already been granted pre-arrest bail by the Additional Sessions Judge, FTC, Tinsukia by different orders dated 23.06.2026. He submits that accused applicants are villagers and law abiding citizens and shall fully cooperate with the investigation in the instant case. 6. On the other hand, the learned Additional Public Prosecutor has opposed the bail of the accused applicants submitting that there are materials suggesting involvement of the accused applicants in the offence that has been narrated in the FIR. 7. Case diary has been received and the same has been perused. 8. After hearing the learned counsel appearing for the respective parties, this Court is of the opinion that the accused applicants should be granted pre-arrest bail at this stage. 9. Accordingly, it is directed that in the event of arrest of the accused applicants, they shall be released on pre-arrest bail in connection with Barekuri P.S. Case No.07/2026 on furnishing bail bond of Rs.20,000/- (rupees twenty thousand) each with a surety of the like amount to the satisfaction of the Arresting Authority subject to the following conditions:- a) that the accused applicants shall appear before the Investigating Officer within a period of 10 (ten) days from the date of passing of the order; b) that the accused applicants shall cooperate with the investigation and shall make themselves available as and when called for by the Investigating Authority; c) that the accused applicants shall not try to influence any of the witnesses that may be involved in the present case. 10. With the above observation and direction, the anticipatory bail application stands disposed of as allowed. JUDGE Comparing Assistant