Page No.# 1/4 GAHC010108592025 2025:GAU-AS:7525 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1730/2025 BOMBAIJIT KEMPRAI S/O KOBEN KEMPRAI R/O NATUN DISAO P.S. MAIBONG DIST. DIMA HASAO, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. J LASKAR, Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 09.06.2025 1. Heard Mr. J. Laskar, the learned counsel for the petitioner. Also heard Mr. K. Baishya, the learned Additional Public Prosecutor, appearing for the State of Assam. Page No.# 2/4 2. This application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita(BNSS), 2023 has been filed by the petitioner, namely, Bombaijit Kemprai, who has been detained behind the bars since 10.04.2025 (for the last 61 days), in connection with Maibong P.S. Case No. 10/2025, under Sections 61(2)(a)/140(2)/303(2) of BNS, 2023. 3. The gist of accusation in this case is that on 02.04.2025, one Arun Kumar Shah, had lodged an FIR before the Officer-In-Charge of Maibong Police Station, inter alia, alleging that the informant is the owner of a vehicle bearing Registration No. AS-01NC-2641 and on 31.03.2025, the said truck was coming from Guwahati towards Silchar. 4. However, since 31.08.2025, the Truck could be located. Later, on 01.04.2025, the informant came to know that the driver of the said Truck was abducted by some miscreants and it is also stated in the FIR that the informant also got a call from an unknown number, whereby he was asked to pay Rs. 10,00,000/-(Rupees Ten Lakhs only) for release of the driver and the caller identified himself as a member of Dimasa National Army. 5. The learned counsel for the petitioner submits that the petitioner is an innocent person and has been falsely implicated in this case. He submits that the petitioner has not been named in the FIR and he is a student. He has completed his higher secondary examination and was waiting to get admission in the bachelor degree course. 6. He submits that the petitioner was arrested on 10.04.2025, therefore, he could not apply for his admission. He further submits that the last date of applying for online registration to the bachelor degree Page No.# 3/4 course is fixed on 19th June, 2025 and if he is not allowed to fill up the forms, his academic career would be jeopardize. 7. The learned counsel for the petitioner also submits that otherwise also, considering the length of detention, the petitioner may be allowed to go on bail. 8. On the other hand, the learned Additional Public Prosecutor, namely, Mr. K. Baishya has produced the Case Diary of Maibong P.S. Case No. 10/2025, and has submitted that there are some incriminating materials against the present petitioner in the Case Diary. He submits that there are witnesses, who have implicated that when the driver of the vehicle of the informant was abducted, the petitioner was also present inside the vehicle, which was used to abduct the said driver. 9. The learned Additional Public Prosecutor also submits that in the meanwhile, the Test Identification Parade of other accused persons have been conducted wherein, the witness has identified 3(three) main accused persons involved in the alleged offence. However, the Test Identification Parade of the present petitioner is yet to be conducted and therefore, he objects to grant of bail at this stage of investigation. 10. I have considered the submissions made by the learned counsel for both sides and have gone through the Case Diary of Maibong P.S. Case No. 10/2025, which was produced by the learned Additional Public Prosecutor, it appears that the Investigating Officer has made fair progress in the investigation. It also appears that though the petitioner’s involvement in the offence alleged, cannot be ruled out at this stage as Page No.# 4/4 there is evidence that he was accompanying the other co-accused, who were involved in the alleged offence, however, considering the fact that the petitioner has been detained behind the bars for the last 61 days, this Court is of the considered opinion that if the petitioner co-operates in the investigation, his custodial detention may not be necessary for fair completion of the investigation of Maibong P.S. Case No. 10/2025. 11. In view of the above, the petitioner, namely, Bombaijit Kemprai is hereby directed to be released on bail of furnishing a bond of Rs. 30,000/- with a suitable surety of like amount, subject to the satisfaction of the learned Chief Judicial Magistrate, Dima Hasao with following conditions that:- (i) the petitioner shall co-operate in the investigation; and (ii) the petitioner shall not directly or indirectly make any inducement, threat or promise to the informant or to any other person who may be acquainted with the facts of the case so as to dissuade such person from disclosing such facts before the Investigating Officer or to any Court. 12. Send back the Case Diary. 13. This bail application is accordingly disposed of. JUDGE Comparing Assistant