Page No.# 1/4 GAHC010150652025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2223/2025 HIMANGSHU DAS S/O- LATE SACHIN DAS. VILL.- BUDARURTUP. P.S.- BARPETA, DIST.- BARPETA, ASSAM. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM. Advocate for the Petitioner : MR. P K SAHARIA, MS K DAS Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 04.08.2025 1. Heard Mr. P. K. Saharia, learned counsel for the petitioner. Also heard Mr. K. K. Parasar, learned Additional Public Prosecutor for the State. 2. This application under Section 483 of BNSS, 2023 has been filed by the petitioner, namely, Himangshu Das, who has been detained behind the bars since 27.06.2025 (for last 38 days) in connection with Crime Branch P.S. Case Page No.# 2/4 No. 2/2025 under Sections 61(2)/147/308(2) of the BNS read with Sections 10/13 of the Unlawful Activities (Prevention) Act, 1967. 3. The gist of accusation in this case is that on 29.04.2025, one Dr. Sankar Jyoti Nath, Inspector of Police had lodged an FIR before the Officer-in- charge of Crime Branch Police Station, inter alia, alleging that three accused persons named in the FIR, namely, Y. Nemkha, Yaman Konyak and S. Hangmei Konyak are engaged in conducting operational activities as Overground Worker/linkmen of the proscribed organization ULFA (Independent). It is also alleged that they are also engaged in collection of illegal funds through extortion and also engaged in other illegal activities. 4. The learned counsel for the petitioner has submitted that the petitioner is an innocent person and has not been named in the FIR. He further submits that the petitioner has been detained behind the bars since 27.06.2025 and he was also remanded to police custody for seven days and after completion of the police custody, the Investigating Officer in his report submitted to the learned Sessions Judge, Kamrup(M) has stated that the interrogation of the present petitioner has completed. 5. The learned counsel for the petitioner also submits that in the meanwhile all the three accused persons named in the FIR have been granted bail by a Co-ordinate Bench of this Court on 18.06.2025 in Bail Application No. 1895/2025. He submits that the accusations were levelled against the named accused persons only and considering the period of detention and the fact that the co-accused persons are granted bail, he may be allowed to go on bail. 6. On the other hand, the learned Additional Public Prosecutor has Page No.# 3/4 produced the case diary of Crime Branch P.S. Case No. 2/2025 and has vehemently opposed the grant of bail to the present petitioner at this stage. He submits that the petitioner was freshly recruited by co-accused, namely, Rishiraj Hazarika @ Danish Asom and he has been engaged in the activities of extortion and other illegal activities. 7. It further submitted by the learned Additional Public Prosecutor that the investigation is still at initial stages and, therefore, he opposes the grant of bail to the present petitioner. 8. I have considered the submissions made by the learned counsel for both sides. 9. On perusal of the records, it appears that the Investigating Officer while forwarding the petitioner after completion of the period of police custody before the Court of learned Sessions Judge, Kamrup(M) had mentioned therein that thorough custodial interrogation of the present petitioner has been done and interrogation of the present petitioner has already been completed. It also appears that the co-accused persons who were named in the FIR have already been released on bail by the Co-ordinate Bench of this Court. 10. Under above circumstances, this Court is of considered opinion that, though, there are incriminating materials against the petitioner in the case diary, if he co-operates in the investigation, his custodial interrogation may not be necessary for fair completion of the Crime Branch P.S. Case No. 2/2025. 11. In view of the above, the above named petitioner is allowed to go on bail of Rs.30,000/- (Rupees Thirty Thousand) with one surety of like amount, subject to the satisfaction of the learned Sessions Judge, Kamrup(M) with following Page No.# 4/4 conditions:- (i) 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 person from disclosing such facts of the case before the Investigating Officer; (ii) That the petitioner shall co-operate in the investigation; and (iii) That the petitioner shall appear before the Investigating Officer of Crime Branch P.S. Case No. 2/2025 in every week for next 4(four) weeks or till the investigation is completed whichever is earlier. 12. Any violation of the aforesaid conditions would be a good ground for cancellation of the bail granted to the petitioner. 13. This bail application is accordingly disposed of. 14. Send back the case diary. JUDGE Comparing Assistant