Page No.# 1/3 GAHC010109722025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1720/2025 MD HABIBUR RAHMAN S/O IBRAHIM ALI R/O VILL- BORJHAR GRANT, P.S. DALGAON, DIST. DARRANG, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. B CHOWDHURY, MR A AKBAR Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 27.05.2025 1. Heard Mr. B. Chowdhury, learned counsel for the petitioner. Also heard Mr. R. J. Baruah, learned Additional Public Prosecutor for the State. 2. This application under Section 483 of the BNSS, 2023 has been filed by the petitioner, namely, Md. Habibur Rahman, who has been detained behind the bars since 26.04.2025 (for last 32 days) in connection with Dalgaon P.S. Case Page No.# 2/3 No. 83/2025, under Sections 296/308(2)/351(2)/61(2)/3(5) of BNS, 2023 3. The gist of accusation in this case is that on 25.04.2025, one Kausil Kumar Choudhury, had lodged an FIR before the Officer-In-Charge of Dalgaon Police Station, inter alia, alleging that on 21.04.2025, when he was excavating sand and soil from the Dhansiri river after paying necessary royalties to the Forest Department, the accused persons named in the FIR (including the present petitioner) came there and demanded Rs. 500/- against each dumper. When the informant refused to pay the money, the accused persons threatened him in slang language and also threatened him to kill him. 4. The learned counsel for the petitioner has submitted that the allegations levelled against the petitioner in the FIR are not true. He submits that bare perusal of the FIR would show that no offence under Section 308 of the BNS, 2023, i.e. extortion has been completed as the FIR itself shows that the informant refused to pay the money on the demand made by the petitioner. He further submits that the petitioner is detained behind the bars for the last 32 days and considering the period of detention, he may be allowed to go on bail. 5. On the other hand, the learned Additional Public Prosecutor has produced the case diary of Dalgaon P.S. Case No. 83/2025 and has submitted that there are incriminating materials against the present petitioner to the effect that he demanded money from the informant on the ground that the excavation of sand and soil is being done in his locality and therefore, he has the right to demand the money. 6. I have considered the submissions made by the learned counsel for both the sides and have gone through the materials in the case diary. 7. On perusal of the case diary, it appears that though some Page No.# 3/3 incriminating materials are against the present petitioner, however, the investigation has fairly progressed and considering the nature of the case as well as the period of detention already undergone by the present petitioner, further custodial detention of the present petitioner may not be necessary, if he co-operates in the investigation. 8. For the aforesaid reasons, the above named petitioner is allowed to go on bail of Rs.30,000/- (Rupees Thirty Thousand) with a suitable surety of like amount, subject to the satisfaction of the learned Chief Judicial Magistrate, Darrang, Mangaldoi with following conditions:- (i) That the petitioner shall appear before the Investigating Police Officer as and when called for and shall co-operate in the investigation; and (ii) That 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. 9. With the above observation, this bail application is accordingly disposed of. 10. Send back the case diary. JUDGE Comparing Assistant