Page No.# 1/3 GAHC010130522025 2025:GAU-AS:8630 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1969/2025 SOURAV ROY S/O RAJ KR. ROY VILL- NO. 1 JOYMA, P.S. GOSSAIGAO, DIST. KOKRAJHAR, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR A W AMAN, Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 25.06.2025 1. Heard learned Counsel Mr. A.W.Aman for the petitioner Sourav Roy who has filed this application under Section 483 of the BNSS, 2023 with prayer for bail as he is behind bars since 07.05.2025 and in connection with Gossaigaon PS Case No. 59/2025 under Sections 61(2)/308(5)/140(1)/62 of the BNS,2023. Page No.# 2/3 2. Mr. M.P.Goswami, learned Addl.Public Prosecutor is present for the State respondent and has raised serious objection in granting bail to the petitioner stating that there are incriminating materials in the Case Diary against the petitioner as there was extortion of ransom with threats of kidnapping the victim. It is further submitted that the petitioner is the mastermind as he was working in the shop and he has orchestrated the entire offence. 3. The FIR unfolds that on 01.04.2025, the informant received a call on his mobile phone demanding Rs. 5,00,000/- as ransom with threats to harm the informants’ son Shayoon Hussain Khan. Subsequently, on 04.04.2025, the ransom was increased to Rs.10,00,000/-. Somehow, the informant arranged to pay Rs.50,000/. However, on 10.04.2025, at around 7 pm, the same person called again and demanded Rs.50,000/-. The informant however managed to pay Rs.20,000/-. Finally unable to endure the threats, the informant lodged the FIR. It is submitted on behalf of the petitioner that the victim was not kidnapped and thus this case cannot be a case for ransom. The actual accused persons were already arrested in connection with this case and the ransom amount was recovered from their possession. The present petitioner is not involved in the extortion of money for the fact that mobile phone and vehicle bearing registration No. AS-16/K-5233 was recovered from his possession. 5. I have considered the submissions at the Bar with circumspection. 6. I have scrutinized the Case Dairy. I have also considered the length of detention and also the progress of investigation so far. It appears that custodial detention of the petitioner may not be required. The petitioner is willing to co- operate with the investigation and to abide by any condition if imposed upon him. Page No.# 3/3 7. Considering all aspects, the petitioner named above shall be released on bail on furnishing bail bond of Rs.50,000/- with a suitable surety of like amount to the satisfaction of the learned SDJM, Gossaigaon subject to the following conditions: i) That the petitioner shall appear before the I.O. every fortnight till completion of the investigation, ii) The petitioner shall refrain from such activities of which he is alleged, iii) The petitioner shall not leave the jurisdiction of the Court without prior permission. 8. On breach of any of the above conditions, the learned Court is at liberty to immediately cancel the bail granted to the petitioner. 9. In terms of the above observations, the bail application stands disposed of. 10. Send back the Case Diary. JUDGE Comparing Assistant