Page No.# 1/4 GAHC010123302025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1883/2025 TULEN RONGPI ALIAS TULEN RONGPEE S/O UPEN RONGPEE R/O BYRNIHAT, TANULIKUCHI GAON, P.S. SONAPUR, DIST. KAMRUP (M). VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. S BORTHAKUR, MS. S KAKATI,MR. Z H BORA Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 11.06.2025 1. Heard Mr. S. Borthakur, the learned counsel for the petitioner. Also heard Mr. R. J. Baruah, the learned Additional Public Prosecutor for the State respondent. 2. This bail application under Section 483 of BNSS, 2023 has been filed by the petitioner, namely, Tulen Rongpi Alias Tulen Rongpee, who has been Page No.# 2/4 detained behind the bars since 25.04.2025 (for the last 47 days) in connection with Basistha P. S. Case No. 230/2025 under Sections 61(2)/308(5)/198/199/127(1)/111(3) of the BNS, 2023. 3. The gist of accusation in this case is that the one Dil Mahammad had lodged an F.I.R of the Officer-in-Charge of Beltola Police Station, inter alia, alleging that the petitioner used to indulged in extortion from the truck after the same were detained by DTO Officials unauthorisedly. The petitioner used to demand money for releasing the detained truck. 4. The learned counsel for the petitioner has submitted that in the present case, the petitioner was shown arrested when he was already under detention in connection with Basistha P. S. Case No. 196/2025. 5. He further submits that earlier also an another FIR was found 196/2025, in which the offence was alleged is of the same nature and therefore, he submits that the present FIR is the second FIR which is barred under law in connection with the same matter. 6. He further submits that in the present case also, he has been detained behind the bars for last 47 days and his actual period of detention is 68 days. 7. He therefore, submits that considering the period of detention, he may be allowed to go on bail. 8. He also submits that in the meanwhile, one of the co-accused, namely Naba Deka, has already been granted bail by this Court in Bail Application No. 1618/2025 on 30.05.2025. 9. The learned counsel for the petitioner has submitted that the petitioner is ready to cooperate in the investigation. 10. On the other hand, the learned Additional Public Prosecutor has produced the case diary of Basistha P. S. Case No. 230/2025 and has submitted Page No.# 3/4 that there are sufficient incriminating materials in the case diary against the present petitioner. 11. He also submits that the petitioner in connivance with the officials of the Transport Department used to commit the similar offence, in an organized manner. 12. He also submits that as the investigation is still going on and some of the other co-accused are yet to be apprehended, if bail is granted at this stage, it will hamper the case. 13. I have considered the submissions made by the learned counsel for both sides and have gone through the case diary of Basistha P. S. Case No. 230/2025. 14. On perusing of the case diary, it appears that though there are materials against the petitioner in the case diary, however, considering the fact that in the meanwhile one of the co-accused has already been granted bail and also considering the fact that the petitioner has been detained behind the bars in this case for last 47 days, this Court is of considered opinion that if he cooperates in the investigation, his further custodial detention may not be necessary. 15. Hence, the above-named petitioner is allowed to go on bail of Rs. 30,000/- (Rupees Thirty Thousand only), with one surety of like amount to the satisfaction of the Chief Judicial Magistrate, Kamrup (Metro) subject to the following conditions: i. That the petitioner shall co-operate in the investigation. ii. 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 Page No.# 4/4 person from disclosing such facts of the case before the Investigating Officer. iii. That the petitioner shall appear before the Investigating Officer for once in every 15 days or till investigation is complete, whichever is earlier and shall co-operate with the investigation. 16. This bail application is, accordingly disposed of. 17. Send back the case diary. JUDGE Comparing Assistant