Gauhati High Court
AB/1331/2026 of SRI TRAILYA GOGOI AND ANR Vs THE STATE OF ASSAM, on 15 September 2026
GAHC010123872026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1331/2026 SRI TRAILYA GOGOI AND ANR S/O-SRI BHUPEN GOGOI, R/O-HAHCHARA LATUM GAON, P.O-HAHCHARA, P.S-SIVASAGAR, DISTRICT-SIVASAGAR, ASSAM. 2: SRI BOKUL DOWARI S/O-LATE AKONI
GAHC010123872026
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/1331/2026
SRI TRAILYA GOGOI AND ANR
S/O-SRI BHUPEN GOGOI, R/O-HAHCHARA LATUM GAON, P.O-HAHCHARA, P.S-SIVASAGAR, DISTRICT-SIVASAGAR, ASSAM.
2: SRI BOKUL DOWARI
S/O-LATE AKONI DOWARI
R/O-DEMOW
P.O P.S-DEMOW
DISTRICT-SIVASAGAR
ASSAM
VERSUS
THE STATE OF ASSAM,
REPRESENTED BY THE PUBLIC PROSECUTOR
Advocate for the Petitioner : MS. P BORAH, MR. K GOGOI
Advocate for the Respondent : PP, ASSAM, BEFORE
HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA
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ORDER
Date : 16.09.2026 Heard Ms. P. Borah, learned counsel for the petitioners and Mr. K.K. Das, learned Addl. PP for the State respondent.
2. This is an application under Section 483 of BNSS, 2023 praying for regular bail to the petitioners namely (1) Sri Trailya Gogoi and (2) Sri Bokul Dowari, who were arrested on 26.07.2026 in connection with Sivasagar P.S. Case No. 56/2026 registered under Sections 191(2)/ 126(2)/ 117(2)/ 109 of the BNS, 2023.
3. The brief facts of the case in the FIR is that, on 09.04.2026 during night time, when the victims were returning home after having dinner, they were attacked by a group of miscreants causing serious injuries upon them which required their hospitalization. The present petitioners were among the said miscreants who assaulted Bidyut Saikia and Pranjit Gogoi and attempted to kill them.
4. The present FIR has been lodged by another person namely, Amlanjyoti Gogoi, who came to learn about the incident and visited the injured persons.
5. The CD as called for has been received and perused.
6. It is submitted by learned counsel for the petitioners that the case is registered under Sections 117(2)/109 of BNS, besides Sections 191(2)/126(2) of BNS and none of the said offences except Section 109 of BNS is punishable for more than 7 years imprisonment. It is further submitted that Section 109 of BNS relating to attempt to commit the offence of murder is unlikely to be attracted in the present BNS, 2023.
7. On perusal of the case diary, it appears that there are incriminating materials against the petitioner but the injury report indicates assault by blunt weapon.
8. Pursuant to interim protection granted by this court, the petitioners have appeared before the IO and their statements have also been recorded, as revealed in the CD.
9. Having regard to the above, further custodial interrogation of the petitioners may not be necessary. Accordingly, the prayer for pre-arrest bail is allowed. The order of interim pre-arrest bail dated 18.06.2026 is hereby made absolute.
10. The petition stands allowed as aforesaid. JUDGE Comparing Assistant