Sri Diganta Pegu Vs the State of Assam — Anticipatory Bail | Gauhati HC (2026)

Sri Diganta Pegu Vs the State of Assam — Anticipatory Bail | Gauhati HC (2026)

What the court decided

AI extract

Outcome

Pre-arrest bail granted to Sri Diganta Pegu in connection with Jonai Police Station Case No. 92/2025: in the event of arrest he is to be released on furnishing a bail bond of Rs.20,000/- with one surety of the like amount, subject to conditions that he (i) cooperate in the investigation and (ii) not try to influence the witnesses of the case.

Issue for consideration

Whether the petitioner, Sri Diganta Pegu, is entitled to pre-arrest bail under Section 482 of BNSS, 2023 in connection with Jonai Police Station Case No. 92/2025 registered under Section 64(1) of the Bharatiya Nyaya Sanhita (allegation of rape of a 16-year-old girl). +1 more

Court's answer

Upon perusing the case diary and the statement of the alleged victim recorded before the Magistrate, the Court found no incriminating material indicating commission of sexual intercourse.

Ratio / Principle

Having regard to the absence of incriminating material, it is the Court's view that custodial interrogation of the petitioner may not be necessary.

Key takeaways

The prayer for pre-arrest bail is allowed.ratio¶¶19
In the event of his arrest, the petitioner shall be released on pre-arrest bail in connection with the above-noted case on furnishing a bail bond of Rs.20,000/- with one surety of the like amount, subject to the conditions that he cooperate in the investigation and not try to influence the witnesses of the case.ratio¶¶20

Detailed headnote1 paragraphs

Criminal Law – Pre-arrest (anticipatory) bail – Application under Section 482 of BNSS, 2023 by Sri Diganta Pegu in connection with Jonai Police Station Case No. 92/2025 under Section 64(1) of the Bharatiya Nyaya Sanhita, arising from a Zero FIR lodged at Sadiya Police Station on 03.11.2025 by Manoj Dole alleging forceful abduction and rape of his 16-year-old daughter by the petitioner. Perusing the case diary and the alleged victim's statement recorded before the Magistrate, the Court found no incriminating material indicating commission of sexual intercourse, held that custodial interrogation of the petitioner may not be necessary, and allowed the prayer for pre-arrest bail: the petitioner, if arrested, is to be released on furnishing a bail bond of Rs.20,000/- with one surety of the like amount, subject to conditions of cooperating in the investigation and not influencing witnesses. Order dated 08.01.2026 passed by Justice Sanjeev Kumar Sharma; petition disposed of accordingly.

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GAHC010281832025

2026:GAU-AS:340

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : AB/2989/2025

SRI DIGANTA PEGU SON OF NABIN PEGU R/O VILL- BHOLUKAGURI AMARPUR P.S. SADIYA, DIST. TINSUKIA, ASSAM

VERSUS

THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM

Advocate for the Petitioner : MR. P HAZARIKA, MR. H S BORAH

Advocate for the Respondent : PP, ASSAM,

BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA

ORDER

08.01.2026

Heard Ms. B. Thakuria, learned counsel appearing on behalf of Mr. P. Hazarika, learned counsel for the petitioner. Also heard Mr. P.S. Lahkar, learned Additional Public Prosecutor, Assam appearing for the State respondent.

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2. This application under Section 482 of BNSS, 2023 has been filed by the petitioner, namely, Sri Diganta Pegu seeking pre-arrest bail in connection with Jonai Police Station Case No. 92/2025 under Section 64(1) of the Bharatiya Nyaya Sanhita.

3. The allegations as per the FIR is that on 03.11.2025, one Manoj Dole, resident of Bhalukguri village under Sadiya Police Station lodged a Zero FIR before the Officer-in-Charge, Sadiya Police Station alleging inter-alia that his 16 years old daughter Smt. XXXX who is a student of Jonai Girl's College and presently staying in a rented house has been forcefully taken away by the accused petitioner on his motorcycle at around 3.30 PM and committed rape on her in a deserted place for whole night and again dropped her near her rented house at around 3.30 AM. It is also alleged that the accused petitioner then fled away from the place. Therefore, the informant prayed to take necessary action to punish the accused person.

4. Case Diary as called for has been produced and upon perusing the statement of the alleged victim before the Magistrate, I do not find any incriminating material indicating commission of sexual intercourse.

5. Having regard to the same, it is the view of the Court that the custodial interrogation of the petitioner may not be necessary. Accordingly, the prayer for pre-arrest bail is allowed.

6. It is provided that the petitioner abovenamed in the event of his arrest shall be released on pre-arrest bail, in connection with the above noted case on furnishing bail bond of Rs.20,000/-(Rupees Twenty Thousand) with one surety of the like amount to the

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satisfaction of the arresting authority, subject to the following conditions:

(i) That the petitioner shall cooperate in the investigation.

(ii) That the petitioner shall not try to influence the witnesses of the case.

7. The petition stands disposed of accordingly.

JUDGE

Comparing Assistant