Page No.# 1/4 GAHC010076032025 2025:GAU-AS:4914 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/888/2025 UTTAM KUMAR PRODHANI S/O LT. RABINDRA NATH PRADHANI VILL- MORAKURA P.O. MOTERJHAR P.S. GOLAKGANJ DIST. DHUBRI, ASSAM PIN-783334 VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. M HUSSAIN, MR A.K. MOLLAH,MR. R I MONDAL Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 24.04.2025 1. Heard learned Senior Counsel Mr.H.R.A.Choudhury assisted by learned counsel Mr. M.Hussain for the petitioner Uttam Kumar Prodhani who has filed this application under Section 482 of the BNSS, 2023 with prayer for pre-arrest Page No.# 2/4 bail as he is apprehending arrest in connection with Gauripur PS Case No. 39/2025 under Section 308/318(4)/3(5)/61(2) of the BNS,2023. 2. Learned Addl.Public Prosecutor Mr.K.K.Das is present for the State respondent. 3. It is submitted that a complaint case has been filed on 06.01.2025 i.e. 6 months after an FIR was lodged by the accused No. 2 Mayna Ray @ Mayna Bala Ray on 06.07.2024. It is alleged that the instant complaint petition registered as FIR No. Gauripur PS Case No. 39/2025 was lodged by Madhabananda Roy against the present petitioner and accused No.2 Mayna Bala Ray. It is further submitted that Madhabananda Roy has concealed his other name i.e. Joydev Roy. Joydev Roy is accused No. 1 in the earlier case i.e. Gauripur PS Case No.230/2024. 4. The present FIR/ complaint petition unfolds that the accused No.2 Mayna Bala Ray has lodged a false FIR registered as Gauripur PS Case No.230/2024 against the present complainant and his family members. Bail was granted by this Court to the complainant and his family members. It is submitted that false allegations have been brought up against the informant Madhabananda Roy and then both the petitioner No.1 and accused No. 2 demanded huge amount of money to weaken the case lodged by the accused No.2 Mayna Bala Ray in connection with Gauripur PS Case No. 230/2024. It is further submitted that the petitioner with the help of his employee Ramananda Roy committed the offence of extortion and the complainant was compelled to fulfil the illegal demands. Money was demanded to mould the aforesaid investigation in connection with Gauripur PS Case No.230/2024. The complainant had to meet their demands and pay Rs.11,20,000/- through Online UPI transaction and Page No.# 3/4 Rs.5,60,000/- through cash. 5. It is submitted on behalf of the petitioner that Ramananda Roy is not an employee, but is brother of the complainant 6. Learned Addl.Public Prosecutor has raised serious objection by stating that there are incriminating materials in the Case Diary against the petitioner. The witnesses have stated under Section 161 CrPC that petitioner has threatened the informant and compelled him to pay huge amount of money. 7. I have scrutinized the Case Dairy. Indeed there are incriminating materials in the Case Diary against the petitioner. Both parties are embroiled in a dispute and FIRs have been lodged against each other. Investigation has progressed substantially. I have also considered the submission that the petitioner is willing to abide by any stringent bail conditions if imposed upon him. 6. Considering all aspects, prayer for pre-arrest bail is allowed. 7. The petitioner named above shall be released on pre-arrest bail in the event of arrest on furnishing bail bond of Rs.50,000/- with a suitable surety of like amount to the satisfaction of the arresting authority subject to the following conditions: i) The petitioner shall appear before the I.O. within one week and shall co-operate with the investigation, ii) The petitioner shall appear before the I.O. every fortnight till completion of the investigation, iii) The petitioner shall not exercise threats to the witnesses or try to influence them, Page No.# 4/4 iv) The petitioner shall not leave the jurisdiction without prior permission. 8. On breach of any of the above conditions, pre-arrest bail granted to the petitioner shall automatically stand cancelled. 9. In terms of the above observations, the pre-arrest bail application stands disposed of. 10. Send back the Case Diary. JUDGE Comparing Assistant