[Cites 2, Cited by 0]
Gauhati High Court
Page No.# 1/7 vs The State Of Assam on 19 February, 2026
Page No.# 1/7
GAHC010245292025
2026:GAU-AS:2545
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/2739/2025
HOREN TOKBI AND 13 ORS.
SON OF BABU TOKBI
RESIDENT OF 45, DENGAON, LOKSO GAON, DUARBAMUNI, PHULONI, P.S.
DOKMOKA
DIST. KARBI ANGLONG, ASSAM,
PIN-782441.
2: LONGSING TIMUNG
SON OF SOMBARI TERANGPI
RESIDENT OF VILL-MAJA TOKBI
BHALUKJAN
P.S. DOKMOKA
DIST. KARBI ANGLONG
ASSAM
PIN-782441
3: MENSING KRAMSA
SON OF KANIA KRAMSA
RESIDENT OF VILL- LOKSO GAON
P.O. PARAKHOWA BAZAR
P.S. DOKMOKA
DIST. KARBI ANGLONG
ASSAM
PIN-782441
4: PRADIP TOKBI
SONOF LEK SING TOKBI
RESIDENT OF VILL- LAKACH GAON
P.S. DOKMOKA
DIST. KARBI ANGLONG
ASSAM
Page No.# 2/7
PIN-782441
5: BABU TOKBI
SON OF ERDANG TOKBI
RESIDENT OF VILL- LOKSO TOKBI GAON
P.O. PARAKHOWA BAZAR
P.S. DOKMOKA
DIST. KARBI ANGLONG
ASSAM
PIN-782441
6: SARMUNG TOKBI
SON OF KANIA TOKBI
RESIDENT OF VILL- MAJA TOKBI GAON
P.O. PARAKHOWA BAZAR
P.S. DOKMOKA
DIST. KARBI ANGLONG
ASSAM
PIN-782441
7: SAJON RONGHANG
SON OF BABU RONGHANG
RESIDENT OF VILL- LOKSO GAON
P.O. PARAKHOWA BAZAR
P.S. DOKMOKA
DIST. KARBI ANGLONG
ASSAM
PIN-782441
8: AUGUSTIN ENGTI
SON OF BABU SINGH ENGTI
RESIDENT OF VILL- LOKSO GAON
P.O. DOKMOKA
DIST. KARBI ANGLONG
ASSAM
PIN-782441
9: BAJONG TERANG
SON OF BIREN TERANG
RESIDENT OF VILL- LAKACH GAO
P.O. PARAKHOWA BAZAR
P.S. DOKMOKA
Page No.# 3/7
DIST. KARBI ANGLONG
ASSAM
PIN-782441
10: SARKIRI PHANGCHO
SON OF PAN SING PHANGCHO
RESIDENT OF VILL- LOKSO GAON
P.O. PARAKHOWA
P.S. DOKMOKA
DIST. KARBI ANGLONG
ASSAM
11: PAN SING PHANGCHO
SON OF KANIA PHANGCHO
RESIDENT OF VILL- LOKSO
RESIDENT OF VILL- LOKSO GAON
P.O. PARAKHOWA
P.S. DOKMOKA
DIST. KARBI ANGLONG
ASSAM
12: ANJOY TIMUNG
SON OF RAMSING TIMUNG
RESIDENT OF VILL- MAJA TOKBI
GAON
P.O. PARAKHOWA BAZAR
P.S. DOKMOKA
DIST. KARBI ANGLONG
ASSAM
PIN-782441
13: JIRSONG TOKBI
SON OF BIREN TOKBI
RESIDENT OF VILL- MAJA TOKBI GAON
P.O. PARAKHOWA BAZAR
P.S. DOKMOKA
DIST. KARBI ANGLONG
ASSAM
PIN-782441
14: ASWIN TIMUNG
Page No.# 4/7
S/O PHUMEN TIMUNG
RESIDENT OF PATOR TIMUNG GAON
P.O. PARAKHOWA BAZAR
P.S. DOKMOKA
DIST. KARBI ANGLONG
ASSAM
PIN-78244
VERSUS
THE STATE OF ASSAM
REP BY THE PP, ASSAM
Advocate for the Petitioner : MR. A CHAUDHURY, MR. D BORA,MR. N MAHAJAN,MR. P K
DAS
Advocate for the Respondent : PP, ASSAM,
BEFORE
HONOURABLE MR. JUSTICE ANJAN MONI KALITA
ORDER
Date : 19-02-2026
Heard Mr. N. Mahajan, learned counsel appearing for the accused
applicants and Mr. K. K. Parasar, learned Additional Public Prosecutor for the
State.
2. This is an application under Section 482 of the BNSS, 2023 praying for
granting pre-arrest bail to the accused applicants in connection with Dokmoka
P.S. Case No. 19/2025 under Sections 126(2)/117(2)/118(2)/189(2)/103(2)/3(5)
of BNS, 2023 read with Sections 7/5 of the Assam Witch Hunting (Prohibition,
Prevention and Protection) Act, 2015.
3. The prosecution case, as narrated in the FIR lodged before the Officer-in-
Page No.# 5/7
Charge of Dokmoka Police Station on 03.07.2025, is as follows: On 30.06.2025,
a public meeting was held at around 2000 hrs, which was attended by the
informant and her husband, Samsing Ronghang. It was alleged that upon
reaching the playground where the meeting was conducted, the informant came
to know that Mirlong Kramsa, son of Mensing Kramsa of the same village, was
suffering from typhoid disease. Subsequently, Mirlong Kramsa alleged before the
public that the informant's husband had caused his illness by performing black
magic. During the meeting at the playground, three headmen were present.
Upon such intimation by Mirlong Kramsa, the informant's husband was severely
assaulted by some persons, causing grievous injuries to his body. He was then
taken to Diphu Medical College & Hospital for treatment but, unfortunately, he
succumbed to his injuries during the course of treatment.
4. On receipt of the FIR, the police registered Dokmoka P.S. Case No.
19/2025 under the aforementioned Sections.
5. Mr. Mahajan, learned counsel for the accused applicants submitted that
this is a typical case involving allegations of black magic against the victim and
his wife. He further submitted that there was no intention on the part of the
accused applicants to kill the deceased. However, at the relevant time, being
illiterate persons, they might have been influenced by the statement that black
magic had been performed by the husband of the informant. He also submitted
that amongst the accused applicants, accused applicant Nos. 13 and 14 are
juveniles, below the age of 18 years. Furthermore, he submitted that accused
applicants Nos. 2, 4, 5 and 6 are not named in the FIR. Therefore, he
submitted that the accused applicants, being illiterate persons influenced by
superstitious beliefs, should be granted anticipatory bail at this stage, as they
are ready to cooperate with the investigation.
Page No.# 6/7
6. Per contra, Mr. Parasar, learned Additional Public Prosecutor for the State,
submitted that the deceased was badly beaten by the accused applicants and
that the investigation is still ongoing. Therefore, at this stage, bail should not be
granted to the accused applicants. However, in respect to applicant Nos. 13 and
14, being juveniles, bail may be considered by this Court as it deems fit. He
further submitted that the informant has specifically named accused applicant
Nos. (1) Horen Tokbi, (3) Mensing Kramsa, (7) Sajon Ronghang, (8)
Augustin Engti, (9) Bajong Terang (10) Sarkiri Phangcho, (11) Pan Sing
Phangcho and (12) Anjoy Timung in the FIR and therefore, the prayer for
anticipatory bail should not be granted to those accused applicants.
7. After hearing the submissions of the learned counsel appearing for the
respective parties and on perusal of the Case Diary, this Court is of the view that
accused applicant Nos. 2, 4, 5, 6, 13, and 14 should be granted the privilege of
pre-arrest bail at this stage. Accordingly, it is directed that, in the event of the
arrest of accused applicant Nos. (2) Longsing Timung, (4) Pradip Tokbi, (5)
Babu Tokbi, (6) Sarmung Tokbi, (13) Jirsong Tokbi, and (14) Aswin Timung,
in connection with Dokmoka P.S. Case No. 19/2025, they shall be released on
bail upon furnishing a bail bond of Rs. 20,000/- (Rupees Twenty Thousand)
each, with one surety of like amount, to the satisfaction of the arresting
authority, subject to the following conditions:
i. The accused applicants shall appear before the investigating
officer within 10 days from the passing of this order;
ii. The accused applicants shall cooperate with investigation
and appear before the investigating officer as and when called
for;
Page No.# 7/7
iii. The accused applicants shall not attempt to hamper or
tamper with evidence or influence the witnesses.
9. With the above directions, the anticipatory bail application stands disposed
of, as partly allowed.
10. Return the Case Diary.
JUDGE
Comparing Assistant
