Page No.# 1/4 GAHC010176522025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2557/2025 FAIJUN ALIAS FAIZUN ALIAS FOIJUN NISHA W/O LT NURUL HOQUE R/O VILL 2 NO. SARUPATHAR PS MORAN DIST DIBRUGARH ASSAM PIN 786001 VERSUS THE STATE OF ASSAM REP BY THE PP ASSAM Advocate for the Petitioner : MS. J GHOSH, MR. S C BISWAS,MS. K L R YANTHAN,MS. U NANDA Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 27.08.2025 1. Heard Mr. S. C. Biswas, the learned counsel for the petitioner. Also heard Ms. M. Das, the learned Additional Public Prosecutor for the State respondent. 2. This application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the petitioner, namely, Faijun Alias Faizun Alias Page No.# 2/4 Foijun Nisha, who is detained behind the bars since 21.07.2025 (for the last 38 days) in connection with Moran P. S. Case No. 62/2025 under Section 308(5) of BNS, 2023 read with Sections 10, 13 of Unlawful Activities (Prevention) Act, 1967. 3. The gist of accusations in this case is that on 05.06.2025, one Dhitri Sundar Dey had lodged an FIR before the Officer-in-Charge of Moran Police Station inter-alia alleging that on 04.06.2025, the wife of the informant received a whatapp voice message from a mobile No. mentioned in the FIR, the caller introduced himself as Major Adyaman Asom from the ULFA (Independent) and made a monetary demand. 4. It is also alleged in the FIR that after that several threat calls were made to the informant by the said mobile no. 5. The learned counsel for the petitioner has submitted that the petitioner is innocent and is a widow and is not involved in the offence alleged in the FIR. 6. He submits that one Safiiddin Ahmed who is the cousin brother of the petitioner had taken the SIM card of the mobile of the petitioner and has utilized the same to commit offence alleged in the FIR. 7. The learned counsel for the petitioner has also submitted that the said Safiiddin Ahmed was already been arrested by the police. 8. The learned counsel for the petitioner also submits that the petitioner before her arrest in this case was called for by the police on several occasions and she cooperated with the police by going to the police station as and when she was called. 9. The learned counsel for the petitioner further submits that the petitioner got some amount of money as compensation in a motor accident claims case filed by her on demise of her husband in a road accident and that is Page No.# 3/4 why the police has suspected her of involvement in the offence alleged in the FIR. 10. The learned counsel for the petitioner submits that the petition is ready to cooperate in the investigation. 11. On the other hand, the learned Additional Public Prosecutor has opposed the grant of bail to the petitioner on the ground that there are materials in the case diary, which indicates that the petitioner had willfully assisted her brother Safiiddin Ahmed who used to threaten innocent person and demand of money in the name of ULFA. 12. I have considered the submissions made by the learned counsel for both sides and have gone through the case diary of Moran P. S. Case No. 62/2025. 13. Though, it appears from record that there are some incriminating materials against the petitioner in the case diary, however, from the facts revealed in the case diary as well as from the offence which are involved in this case, it appears that the maximum punishment which is provided for the alleged offence is not more than seven years. 14. It is pertinent to mention herein that the offence mentioned in Section 10 (b)(ii) has not been made out in this case. 15. Under such circumstance considering the period of detention undergone by the petitioner as well as the considering the fact that the petitioner is a lady, her further custodial detention does not appears to be necessary if she co- operates in investigation. 16. In view of the above, the above-mentioned petitioner is hereby allowed to go on bail of Rs. 30,000/- (Rupees Thirty Thousand only), with one suitable surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Dibrugarh subject to the following conditions: Page No.# 4/4 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 person from disclosing such facts of the case before the Investigating Officer. 17. This bail application is, accordingly disposed of. 18. Send back the case diary. JUDGE Comparing Assistant