RISHIRAJ HAZARIKA ALIAS HRISHIRAJ HAZARIKA v. THE STATE OF ASSAM
Bail Appln./2968/2025 · 2025-10-15
N Unni Krishnan Nair
body2025
DailyLaw.ai
[ 2025 DAILYLAW 18947 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 18947 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/4 GAHC010202732025
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2968/2025 RISHIRAJ HAZARIKA ALIAS HRISHIRAJ HAZARIKA S/O UMA HAZARIKA VILL- KHELMATI GAON P.S. MORAN, ASSAM, DIST. DIBRUGARH, ASSAM VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. P K SAHARIA, MS K DAS Advocate for the Respondent : PP, ASSAM,
Page No.# 2/4 BEFORE HON’BLE MR. JUSTICE N. UNNI KRISHNAN NAIR ORDER
16/10/2025 Heard Mr. P K Saharia, learned counsel for the petitioner and Mr. B Sarma, learned Additional Public Prosecutor, Assam for the State respondent. 2. The present application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, has been instituted praying for grant of regular bail to the petitioner, Rishiraj Hazarika @ Hrishiraj Hazarika, who was arrested on 04.08.2025, in connection with Lakhipur P.S. Case No. 101/2025 registered under Sections 147/148/149 of BNS, 2023 read with Sections 10/13/16/18(B) of Unlawful Activities (Prevention) Act, 1967. 3. A perusal of the FIR dated 23.07.2025 would go to reveal that one Eyasin Ali was apprehended on suspicion of being involved in re-establishing links and reviving ULFA (I) activities. 4. From the disclosures made by said Eyasin Ali during his interrogation, the involvement of the petitioner, herein, having come to the forefront, the Investigating Officer had approached the Court of learned Chief Judicial Magistrate, Goalpara praying for showing the petitioner, herein, to have been arrested in connection with Lakhipur P.S. Case No. 101/2025. 5. It is to be noted that the petitioner was under the judicial custody at that relevant point of time in connection with a similar case being Crime Branch P.S. Case No. 02/2025. Accordingly, the petitioner, herein, was shown arrested in connection with Lakhimpur P.S. Case No. 101/2025 on
04.08.2025. 6. It is to be noted that the petitioner, in the meanwhile, was granted bail by this Court in connection with Crime Branch P.S. Case No. 02/2025 vide order dated 10.09.2025 in Bail Appln. No. 2871/2025. 7. The learned counsel for the petitioner has submitted that along with the petitioner, herein, one Shahidul Islam, was also apprehended and was behind the bars. Said Shahidul Islam was enlarged on bail by the Court of learned Sessions Judge, Goalpara, vide order dated 16.09.2025 in Bail Appln. No. 440/2025.
Accordingly, the learned counsel for the petitioner prays that the petitioner
Page No.# 3/4 be enlarged on regular bail. 8. Mr. B Sarma, learned Additional Public Prosecutor, Assam, submits that incriminating materials having come on record against the petitioner, his release at this juncture would prejudice the investigation of the matter and accordingly, the petitioner be not granted bail at this stage. He further submits that the petitioner is found to be involved in similar offences and accordingly, his detention would be required to be extended in the interest of investigation of the matter. 9. I have considered submissions of the learned counsel for the parties and also perused the materials available on record. 10. The case diary as produced has also been perused by the Court. 11. Considering the materials brought on record including the disclosures made in the case diary and also considering the length of detention of the petitioner, w.e.f. 04.08.2025, i.e., for more than 74 days, this Court is of the considered view that the investigation may have advanced and accordingly, the further custodial interrogation of the petitioner would not be called for. Further, a co- accused apprehended in the matter along with the petitioner, i.e., Shahidul Islam, has also been granted regular bail in the matter. 12. Under the above circumstances, this Court is of the considered view that though there are incriminating materials against the petitioner in the case diary, the petitioner having undertaken to co- operate in the investigation, his custodial interrogation may not be necessary for a fair completion of the investigation in Lakhipur P.S. Case No. 101/2025. 13.
In view of the above, the petitioner, Rishiraj Hazarika @ Hrishiraj Hazarika, is allowed to go on bail on furnishing a bond of Rs.25,000/- (Rupees Twenty Five Thousand) only, along with 2 (two) sureties of the like amount to the satisfaction of the learned Sessions Judge, Goalpara, subject to the following conditions:- (1) The petitioner, herein, shall appear before the Investigating Officer every 15 (fifteen) days and shall continue to appear till the investigation in Lakhipur P.S. Case No. 101/2025 is completed; (2) The petitioner, herein, shall not, directly or indirectly, make any inducement, threat or promise to any person, acquainted with the facts of the case so as to dissuade him from disclosing the facts to the Investigating Officer/Court;
Page No.# 4/4 (3) The petitioner, herein, shall not leave the jurisdiction of the Court of the learned Sessions Judge, Goalpara, without prior permission. 14. Any violation of the aforesaid conditions would be a good ground for cancellation of the bail granted to the petitioner, herein. 15. With the above observations and directions, this bail application stands disposed of. 16. Case diary is returned to the learned Additional Public Prosecutor, Assam for forwarding the same to the Investigating Officer of the case. JUDGE Comparing Assistant