Page No.# 1/3 GAHC010195752025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2869/2025 ANANDA GOGOI S/O SRI GOKUL GOGOI R/O KHOWANG BETONI CHARIALI P.S. KHOWANG, DIST. DIBRUGARH, ASSAM VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. K BORUAH, MS. P BORAH,MR. M ALAM Advocate for the Respondent : PP, ASSAM, B E F O R E HON’BLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER 19.09.2025 Heard Mr. N. Ray, learned counsel for the petitioner. Also heard Mr. R.R. Kaushik, learned Additional Public Prosecutor for the State. 2. This is an application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita Page No.# 2/3 (BNSS), 2023 praying for grant of bail in connection with Sonari PS Case No. 64/2025 under Sections 111(2)/113(2)(b)/113(3)/113(4)/147/148/149/308(4) of the BNSS, 2023 read with Sections 10/13/16(1)(b)/17/18A/18B/20/39/40 of the Unlawful Activities (Prevention) Act, 1967 and Sections 5/6 of the Explosive Substances Act. 3. In the FIR of the present case dated 25.06.2025, it is alleged inter alia that members of the band organization ULFA(I) have been indulging in unlawful activities, such as, recruitment, extortion and attempts to destabilize the State. The present petitioner was arrested on 20.07.2025 on the basis of material unearthed by the Police. It is alleged in this case that the petitioner was an over ground worker (OGW) of ULFA(I) and used to collect money from various people to aid the organization. 4. The learned counsel for the petitioner submits that the petitioner has been arrested merely on suspicion. It is further submitted that 14 numbers of similarly placed co-accused persons in the present case have been released on bail by the learned Special Judge, Charaideo by Order dated 26.08.2025. 5. Per contra, the learned Addl. Public Prosecutor has submitted reference to the Case Diary (CD) that there is material to show that the petitioner was a sympathizer of ULFA(I) and used to collect money in its name. But other than his own statement, no such other incriminating material is found in the CD. 6. Moreover, on perusal of the CD, it is seen that although notice under Section 47 was being served on the petitioner stating the ground of arrest therein, as far as compliance with Section 48 of BNSS is concerned, one Sri Nitu Gogoi has been informed about the arrest of the petitioner in connection with the present case and the grounds of arrest have been furnished briefly. The signature of the said Sri Nitu Gogoi appears on the aforesaid notice but nothing is mentioned regarding the relationship between the Sri Nitu Gogoi and the accused Sri Ananda Gogoi. In other words, there is nothing to show that the notice under Section 48 has been served upon the relatives/family members/learned counsel for the petitioner. 7. In any case, in the absence of incriminating admissible material, as distinguished from Page No.# 3/3 mere secret information, I am unable to form the satisfaction that the charges against the petitioner are prima facie true. 8. For the aforesaid reasons, the prayer for bail is allowed. 9. The petitioner shall be released on bail with a bail bond of Rs. 50,000/- with two sureties of the like amount to the satisfaction of learned Special Judge, Charaideo, Assam in connection with the aforesaid case. 10. It is further provided that the petitioner shall co-operate with the investigation and shall not try to influence the witnesses or tamper with the evidence. 11. It is also provided that the petitioner shall not leave the district without prior permission of the learned District & Sessions Judge, Charaideo, Assam. 12. The Bail Application stands allowed and disposed of accordingly. 13. Return the Case Diary. JUDGE Comparing Assistant