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2025 DAILYLAW 19409 (GAU)

MRIDU PABAN GOGOI v. THE STATE OF ASSAM

Bail Appln./3047/2025 · 2025-09-18

Mridul Kumar Kalita

body2025

Judgment text

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Page No.# 1/3 GAHC010209662025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3047/2025 MRIDU PABAN GOGOI SON OF JAGAT GOGOI R/O DUBIA JARANI GAON, P.S. GOHPUR DIST. BISWANATH, ASSAM VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. S RANA, MR. S MUNIR Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 19.09.2025 1. Heard Mr. S. Munir, learned counsel for the petitioner. Also heard Mr. K.K. Parasar, learned Addl. Public Prosecutor appearing for the State respondent. 2. This application under Section 483 of BNSS, 2023 filed by the petitioner, namely, Mridu Paban Gogoi, who has been detained behind the bars since Page No.# 2/3 05.07.2025 (for last 76 days) in connection with Crime Branch P. S. Case No. 02/2025 under Sections 61(2)/147/308(2) of BNS, 2023 R/W Sections 10/13 of UA(P) 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 Over ground 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 28.06.2025 and he was also remanded to police custody 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 leveled 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 Addl. Public Prosecutor has produced the Page No.# 3/3 case of the Crime Branch P.S. Case No.02/2025 and has submitted that there are sufficient incriminating materials against the petitioner. He submits that there are materials that the present petitioner uses to collect the phone numbers of various businessmen and provide the same to the members of prescribed ULFA (I) Organization. He further submits that the investigation is still going on and if the petitioner is granted bail at this stage, it may hamper the investigations. 7. I have considered the submissions by the learned counsel for both sides. Considering the nature of accusation made against the present petitioner and the period of detention already undergone by him i.e 76 days, this Court is of the considered opinion that if he cooperates in the investigation, his further custodial interrogation may not be necessary for fair completion of the investigation of Crime Branch P.S. Case No.02/2025. 8. In view of above, the above named petitioner is allowed to go on bail of Rs. 30,000/- with one surety of like amount subject to the satisfaction of the learned Sessions Judge, Kamrup(M) with following conditions:- i. That the petitioner shall cooperate in the trial of Crime Branch P.S. Case No.02/2025. ii. That the petitioner shall appear before the Trial Court as and when so required by the Trial Court. 9. This bail application stands disposed of accordingly. 10. Send back the case diary. JUDGE Comparing Assistant