Page No.# 1/3 GAHC010140582025 2025:GAU-AS:8641 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2107/2025 UDAYAN CHAKRABORTY S/O- UTTAM CHAKRABORTY. R/O- VILL.- GOSSAIGAON. WARD NO.3 P.S.-GOSSAIGAON, DIST.-KOKRAJHAR, ASSAM 2: ABHIJIT CHAKRABORTY S/O- LATE SHYAMAL CHAKRABORTY. R/O- VILL.- BABULI P.S.- GOSSAIGAON DIST.- KOKRAJHAR ASSA VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. K BORUAH, MS P DAS,MS. P BORAH,MR. M ALAM Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 25.06.2025 1. Heard learned Counsel Mr. K.Boruah for the petitioners 1.Udayan Chakraborty and 2. Abhijit Chakraborty who have filed this application under Page No.# 2/3 Section 483 of the BNSS, 2023 with prayer for bail as they are behind bars since 06.05.2025 in connection with Gossaigaon PS Case No. 59/2025 under Sections 61(2)/308(5)/140(1)/62 of the BNS,2023. 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 petitioners stating that there are incriminating materials in the Case Diary against the petitioners as there was extortion of ransom with threats of kidnapping the victim. 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 petitioners that the victim was not kidnapped and thus this case cannot be a case for ransom. 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 petitioners may not be required. The petitioners are willing to co-operate with the investigation and to abide by any condition if imposed upon them. 7. Considering all aspects, the petitioners named above shall be released on Page No.# 3/3 bail on furnishing bail bond of Rs.50,000/- each with a suitable surety each of like amount to the satisfaction of the learned SDJM, Gossaigaon subject to the following conditions: i) That the petitioners shall appear before the I.O. every fortnight till completion of the investigation, ii) The petitioners shall refrain from such activities of which they are alleged, iii) The petitioners 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 petitioners. 9. In terms of the above observations, the bail application stands disposed of. 10. Send back the Case Diary. JUDGE Comparing Assistant