Page No.# 1/3 GAHC010099202025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1512/2025 NASIRUDDIN AHMED S/O- RAJIBUDDIN AHMED. R/O- SALPARA MOLANDUBI. P.S- KRISHNAI. DIST.- GOALPARA, ASSAM. VERSUS THE STATE OF ASSAM REPRESENTED BY PP, ASSAM Advocate for the Petitioner : MR. A DUTTA, MR B TAID Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 23.05.2025 1. Heard Mr. A. Dutta, the learned counsel for the petitioner. Also heard Mr. R. J. Baruah, learned Additional Public Prosecutor who prays for some more time for producing the case diary. 2. On the other hand, the learned counsel for the petitioner has submitted that the petitioner has been detained behind the bars since Page No.# 2/3 05.04.2025 i.e., for last 48 days, in connection with Basistha P.S. Case No. 196/2025 under Sections 61(2)/308(5)/308(4)/305(e) of BNS. 3. The learned counsel for the petitioner has submitted that though the instant case has been registered under Section 308 of BNS, however, bare perusal of the FIR would reveal that there was no delivery of money and no offence of extortion has been completed. 4. The learned counsel for the petitioner submits that the only accusation against the present petitioner is that they have wrongfully restrained the limestone loaded vehicle by giving death threat that until an entry fees is paid, the vehicles may not be allowed to pass. However, there is no indication in the FIR that any money has been paid to the petitioner. 5. The learned counsel for the petitioner has submitted that even if the allegations levelled in the FIR are assumed to be true only case which is made out against the petitioner would be under Section 351 of BNS i.e., for criminal intimidation which prescribes a maximum punishment of two years only. He further submits that in the meanwhile out of the five named accused in the FIR four have already been released on bail. 6. Though, the prosecution side has failed to produce the case diary and has prayed for some more time for producing the same. However, the nature of accusation levelled against the petitioner in this case as well as the fact that in the meanwhile other four co-accused have already been released on bail and the petitioner has been languishing behind the bars for last 48 days, this Court is of considered opinion that his further custodial detention may not be necessary, if he co-operates in the investigation of Basistha P.S. Case No 196/2025. Page No.# 3/3 7. In view of the above, the petitioner, namely, Nasiruddin Ahmed is allowed to go on bail of Rs.30,000/-(Rupees Thirty Thousand) with one surety of like amount subject to the satisfaction of the learned Chief Judicial Magistrate, Kamrup(M) with following conditions:- (i) That the petitioner shall not directly or indirectly make any inducement, threat or promise to any person who may be acquainted with the facts of the case so as to dissuade such person from disclosing such facts of the case before the Investigating Officer; (ii) That the petitioner shall co-operate in the investigation; 8. This bail application is accordingly disposed of. JUDGE Comparing Assistant