Page No.# 1/4 GAHC010203482025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2976/2025 AKAITAKHE KONYAK ALIAS AKOI KONYAK S/O AWE KONYAK RO LAKHO VILLAGE- EASTERN KONYAK REGION DISTRICT- MON, NAGALAND, PIN 798621 REPRESENTED BY PATOI KONYAK ELDER SISTER. VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. P N CHOUDHURY, Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 18.09.2025 1. Heard Mr. P. N. Choudhury, learned counsel for the petitioner. Also heard Mr. K. K. Parasar, learned Additional Public Prosecutor for the State. 2. The application under Section 483 of BNSS, 2023, has been filed by the petitioner, namely, Akaitakhe Konyak @ Akoi Konyak, who has been detained behind the bars since 07.08.2025 (for last 42 days) in connection with Page No.# 2/4 Crime Branch P.S. Case No. 02/2025 under Sections 61(2)/147/308(2) of BNS read with Sections 10/13 of the Unlawful Activities (Prevention) Act. 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 an information was received through reliable sources that certain Overground Workers or linkmen of the Proscribed Organization ULFA (Independent) were found doing their operational activities in Guwahati. It is also alleged in the FIR that the said Overground Workers were directly associated to self-styled commander of ULFA(I), namely, James Asom and are reportedly engaged in collection of funds through extortion. It is also stated therein that the FIR also named three accused persons, namely, Y. Nemkha, Yaman Konyak and S. Hangmei Konyak. 4. On the last date, the learned counsel for the petitioner took the plea of juvenility of the petitioner. By order dated 09.09.2025, this Court had directed the Court of learned Chief Judicial Magistrate to conduct an enquiry to ascertain the age of the present petitioner, however, it appears that no report has been received with regard to the compliance of the said order. The learned counsel for the petitioner has, however, submitted that the learned Special Judge, Kamrup(M) has constituted a medical board to ascertain the age of the petitioner. 5. The learned counsel for the petitioner has submitted that the petitioner is in no way involved in the offence alleged in this case. He also submits that at the time of his arrest he was not served with notice under Section 47 of BNSS and no grounds were stated to him. He further submits that the petitioner only understands Konyak and Nagamese language. He further Page No.# 3/4 submits that the petitioner was produced before the learned Special Judge on 11.09.2025 and due to language barrier, he was unable to communicate with the Court. 6. On the other hand, the learned Additional Public Prosecutor submits that there are materials on record to suggest that the petitioner has link with the members of the Proscribed Organization NSCN. He also submits that the investigation is in an early stage and considering the materials available in the case diary, he may not be allowed to go on bail. 7. I have considered the submissions made by the learned counsel for both sides and have perused the materials available on record including the case diary. 8. In the instant case, the accusation was regarding certain Overground Workers or Linkmen having connection with Proscribed ULFA (I) Organization becoming active in collecting funds by resorting to extortion. However, in the case diary, though some materials are available against the petitioner indicating to his connection with NSCN Organization, however, there is nothing to indicate that he has been involved in extortion. Moreover, it also appears that many co- accused persons including the FIR named accused persons have already been released on bail. Hence, considering the fact that the petitioner has been detained behind the bars for 42 days, this Court is of considered opinion that if the petitioner co-operates in the investigation, his further custodial detention may not be required for fair completion of the investigation of the Crime Branch P.S. Case No. 02/2025. 9. Accordingly, the above named petitioner is allowed to go on bail of Page No.# 4/4 Rs.30,000/- (Rupees Thirty Thousand) only with one surety of like amount subject to the satisfaction of the learned Special Judge, Kamrup(M) with following 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; 10. In view of the fact that the petitioner has already been allowed to go on bail, he may not be detained any further for the purpose of ascertaining his age as directed by order dated 09.09.2025. 11. This bail application is accordingly disposed of. 12. Send back the case diary. JUDGE Comparing Assistant