Jao Pegu Vs the State of Assam — Gauhati HC (2026) — LawSathi Research

Jao Pegu Vs the State of Assam — Gauhati HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Anticipatory bail application disposed of with direction to the petitioner to appear before the learned Trial Court on or before 6th of March, 2026 and pray for regular bail; interim protection that if taken into custody meanwhile, the petitioner shall be released on furnishing a bail bond of Rs. 10,000/- to the satisfaction of the arresting authority; Trial Court to consider the bail petition on merits (including release of co-accused) and may impose suitable conditions.

Issue for consideration

Whether the anticipatory bail application of the petitioner, who faces apprehension of arrest after submission of the charge-sheet, should be granted or otherwise disposed of.

Court's answer

Since the charge-sheet has been submitted, the anticipatory bail application is disposed of by directing the petitioner to appear before the learned Trial Court on or before 6th of March, 2026 and to pray for regular bail.

Ratio / Principle

If in the meantime the petitioner is taken into custody, he shall be released on furnishing a bail bond of Rs. 10,000/- to the satisfaction of the arresting authority.

Key takeaways

On the petitioner's appearance before and prayer for bail to the learned Trial Court, the Trial Court shall consider the bail petition on its own merits, along with the fact that the other co-accused had been released on bail.ratio¶22
The learned Trial Court shall be entitled to impose such conditions on the petitioner while granting his bail as may be deemed fit.ratio¶23

Detailed headnote1 paragraphs

Gauhati High Court (Rajesh Mazumdar, J.), order dated 17.02.2026 in AB/3053/2025 (Jao Pegu v. State of Assam): Anticipatory bail application disposed of after the State reported that the matter stood charge-sheeted, trial had commenced and charges were yet to be framed. Noting that co-accused had been granted bail by the learned Sessions Court on the basis of violation of Sections 47 and 48 of the BNSS, 2023, and by this Court on different considerations, the Court directed the petitioner to appear before the learned Trial Court on or before 6th of March, 2026 and pray for regular bail, with interim protection that if arrested in the meantime he be released on a bail bond of Rs. 10,000/- to the satisfaction of the arresting authority. The Trial Court was left free to consider the regular bail petition on its own merits, together with the fact of the co-accused's release, and to impose such conditions as deemed fit.

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GAHC010284372025

2026:GAU-AS:2477

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

Case No. : AB/3053/2025

JAO PEGU

S/O- NOI PEGU, VILL- DEHING KALGHAR, P.O- DEHINGMUKH, P.SDIMOW, DIST.- SIVASAGAR, ASSAM-785671

VERSUS

THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM

Advocate for the Petitioner : MR A R BHUYAN, MR M KHAN,MR S ABDULLAH

Advocate for the Respondent : SC, FOREST,

BEFORE HONOURABLE MR. JUSTICE RAJESH MAZUMDAR

ORDER

Date : 17.02.2026

Heard Mr. A.R. Bhuyan, learned counsel for the petitioner.

Mr. D. Gogoi, learned Standing Counsel for the Forest Department, has submitted that the matter has been charge-sheeted and the trial has commenced and charges are yet to be framed.

The learned counsel for the petitioner submits that other co-accused in the matter had been granted bail by this Court and also by the learned Sessions Court.

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The learned Sessions Court had granted the bail on the basis of violation of the provisions of Sections 47 and 48 of the BNSS, 2023, while for the accused, the consideration by this Court was different.

Mr. A. R. Bhuyan, has submitted that the petitioner is ready to co-operate with the trial proceedings and there is an apprehension that he might be arrested before he appears, before the learned trial Court.

In such circumstances since that charge sheet has been submitted, the AB is disposed of directing the petitioner to appear before the learned Trial Court on or before 6^th of March, 2026 and to pray for regular bail.

It is provided that if in the meantime the petitioner is taken into the custody, the petitioner shall be released on furnishing a bail bond before the arresting authority for an amount of Rs. 10, 000/- to the satisfaction of the arresting authority on the appearance of the petitioner before the learned Trial Court and on praying for bail, the learned Trial Court shall consider the petition on its own merits, along with the fact that the other co-accused had been released on the bail.

The learned trial Court shall be entitled to put such conditions on the petitioner while granting his bail, as may be deemed fit.

Anticipatory Bail Application stands disposed of.

JUDGE

Comparing Assistant