Page No.# 1/5 GAHC010043292026 2026:GAU-AS:4041 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./647/2026 SRI TINKU PEGU SON OF LATE UKMAN PEGU, R/O VILLAGE- BORMURIA BUKAJAN, POLICE STATION -SILAPATHAR, DISTRICT DHEMAJI, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, STATE OF ASSAM. Advocate for the Petitioner : MR. P HAZARIKA, MS. B THAKURIA,MR. H S BORAH Advocate for the Respondent : PP, ASSAM, Linked Case : Bail Appln./648/2026 SRI HEMANTA PEGU AND 2 ORS. 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 Page No.# 2/5 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 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR STATE OF ASSAM ------------ Advocate for : MR. P HAZARIKA Advocate for : PP ASSAM appearing for THE STATE OF ASSAM Linked Case : Bail Appln./824/2026 SRI THOMAS PEGU SON OF JAGAT PEGU R/O VILLAGE-BORMURIA BOKAJAN POLICE STATION -SILAPATHAR DISTRICT DHEMAJI ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR STATE OF ASSAM ------------ Advocate for : MR. P HAZARIKA Advocate for : PP ASSAM appearing for THE STATE OF ASSAM Page No.# 3/5 Linked Case : Bail Appln./823/2026 SRI DINESH KULI ALIAS RAJA SON OF LATE KALING KULI R/O VILLAGE-AKAJAN MIRI GAON POLICE STATION SILAPATHAR DISTRICT DHEMAJI ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR STATE OF ASSAM ------------ Advocate for : MR. P HAZARIKA Advocate for : PP ASSAM appearing for THE STATE OF ASSAM :: BEFORE :: HON’BLE MR. JUSTICE PARTHIVJYOTI SAIKIA O R D E R 20.03.2026 Heard Mr. P. Hazarika, the learned counsel appearing for the petitioners. Also heard Mr. Bhaskar Sharma, the Addl. Public Prosecutor, Assam. 2. This batch of applications are under Section 483 of the BNSS, 2023 whereby the petitioners, Tinku Pegu in Bail Application No.647/2026; Hemanta Pegu, Kiyuj Kuli @ Kiruj Kuli, Smti. Suija Das @ Surjya Das in Bail Application No.648/2026; Dinesh Kuli Page No.# 4/5 @ Raja in Bail Application No.823/2026 and Thomas Pegu in Bail Application No.824/2026 have prayed for releasing them on 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, 2023 read with Section 3(1) of the Prevention of Damage to Public Property Act, 1984. 3. On 14.02.2026, the Higher Secondary Final Examination of 2026 was going on at Akajan Tribal Girls’ Higher Secondary School. One girl student named Nirjala Kuli was caught doing unfair practices. Smti. Lipika Lahkar, the Supervising Officer verbally warned the said girl not to adopt unfair means while writing in the examinations. 4. After the examination was over, the said girl Nirjala Kuli went out of the school and at the time of crossing the National Highway, she met with an accident. She sustained some injuries. 5. On seeing that incident of accident, a mob entered into the school premises and caused damage to the school properties. The mob also manhandled different teachers of the school including Sri Manmohan Gogoi, who had to be admitted in the hospital. 6. During the period of investigation, police arrested the aforementioned persons in this case. 7. I have gone through the Case Diary. 8. It is found that the petitioner Tinku Pegu, who is also a Teacher by profession, was trying to pacify the mob during the occurrence. Apart from that there are no other materials against the petitioner Tinku Pegu. Therefore, he no longer deserves to be detained in custody. 9. So far as the other petitioners are concerned, there are incriminating materials against them. Therefore, at this stage, they do not deserve to be released on bail. 10. The bail application of the petitioner Tinku Pegu in Bail Application No.647/2026 is allowed. He shall be released on bail of ₹20,000/- with a surety of like amount to Page No.# 5/5 the satisfaction of the learned Chief Judicial Magistrate, Dhemaji. 11. The bail application of the other petitioners Hemanta Pegu, Kiyuj Kuli @ Kiruj Kuli, Smti. Suija Das @ Surjya Das in Bail Application No.648/2026; Dinesh Kuli @ Raja in Bail Application No.823/2026 and Thomas Pegu in Bail Application No.824/2026 is rejected. The batch of bail applications are disposed of accordingly. JUDGE Comparing Assistant