Gauhati High Court

Bail Appln./2299/2026 of DESEM HANSE Vs THE STATE OF ASSAM on 14 September 2026

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GAHC010170082026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2299/2026 DESEM HANSE S/O- DIBILONG HANSE R/O-SARMEN HANSE VILLAGE, DISAMA NO. 2, P.S- MANJA, DIST- KARBIANGLONG, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY

GAHC010170082026

undefined

THE GAUHATI HIGH COURT

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

Case No. : Bail Appln./2299/2026

DESEM HANSE

S/O- DIBILONG HANSE R/O-SARMEN HANSE VILLAGE, DISAMA NO. 2, P.S- MANJA, DIST- KARBIANGLONG, ASSAM

VERSUS

THE STATE OF ASSAM

REPRESENTED BY PUBLIC PROSECUTOR.

Advocate for the Petitioner : MR B P BORAH, MR J. B. CHOUDHURY,MR P J DUTTA

Advocate for the Respondent : PP, ASSAM, BEFORE

HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA

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ORDER

Date : 15.09.2026 Heard Mr. B.P. Borah, learned counsel for the petitioner. Also heard the learned Additional Public Prosecutor appearing for the State. This is an application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 whereby the petitioner, Desem Hanse, has prayed for granting him bail after he was arrested connection with Manja P.S. Case No.10/2026

registered

under

Section

61(2)/45/115(2)/353(1)

(b) /356(2)/351(2)/74/75/331(1)/30

3(2)/127(2)

BNS

R/W

Section 4(i)/7/8/9(I)/9(II)/11 of the Assam Witch Hunting (Prohibition, Prevention and Protection) Act, 2015. The informant Smti Podumi Timongpi had lodged an ejahar on 11.06.2026 alleging therein that the principal accused one Smti Kajir Kramsapi, took away the parents of the informant by branding the mother of the informant as witch and gathered other villagers and on her instigation, the mother of the informant was assaulted by the co-villagers and she was also forced to eat her own excreta and also stripped her in public and they were made to walk across the river and thereafter, the mob took them to bus stand to force them to leave the village. It is also alleged that one of the accused Purna Hanse was earlier married to the younger sister of the informant, but after their divorce, he spread rumour that the mother of the informant was a witch. As far as the present petitioner is concerned, the allegation against him is that he caught the informant by hand and dragged her across the river. The same has also been stated by the witnesses in her statement before the Magistrate. The investigation of the case is over and the charge-sheet has already been submitted. The petitioner has spent above 72 days in custody. Having regard to the materials available on record and also the period of detention undergone, further detention of the petitioner may not be necessary for the purpose of trial. Therefore, the prayer for bail is allowed. Accordingly, the petitioner named above shall be released on bail on furnishing a bail bond of Rs. 50,000/- with two sureties of the like amount to the satisfaction of learned Special Judge, Karbi Anglong with the condition that the petitioner shall not approach or try to contact any of the victims or other witnesses acquainted with the facts of the case. Any violation of the aforesaid condition shall entail cancellation of the bail granted to the petitioner. Bail application is allowed and disposed of.

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