Page No.# 1/4 GAHC010278132025 2025:GAU-AS:17774 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./4076/2025 RANTU PANI PHUKAN S/O AMULYA PANI PHUKAN, R/O VILL. MOGROI, P.O. MOGROI, P.S. MARIANI, DIST. JORHAT, ASSAM 785635 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM. Advocate for the Petitioner : MR S BORTHAKUR, DEVABRATA SAIKIA,MR. U S BORA,MR. S BOIRAGI Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS ORDER Date : 19.12.2025 1. Heard Mr. S. Borthakur, learned counsel for the accused petitioner as well as Mr. P. Borthakur, learned Additional Public Prosecutor for the State. 2. This petition under Section 483 of the BNSS, 2023 has been filed by the Page No.# 2/4 accused-petitioner, namely, Rantu Pani Phukan, praying for grant of bail in connection with CID PS Case No. 20/2025 under Sections 61(2)/329(3)/308(5)/ 111(2)(b)/189(2)/351(3) of BNS, 2023. 3. The petitioner was shown arrested on 07.11.2025. 4. The case was registered based on FIR dated 28.10.2025 lodged by police official in the rank of Inspector CID. The gist of the allegation pertain to running extortion activities by the FIR named persons, along with their associates belonging to an organization Bir Lachit Sena (for short BLS) and running such extortion activities in the nature of organized crime and syndicates. 5. The learned counsel for the petitioner submits that the petitioner has been in custody since his arrest and during those days he has been custodially examined also. It is also submitted that the allegations against the petitioner is false and concocted. He further submits that if the petitioner is granted bail he shall render full co-operation to the investigation and abide by any conditions imposed. 6. Case diary has been received. 7. The learned Additional Public prosecutor submits that investigation has lent support to the allegation of the members purportedly representing the said organization indulging in extortion activities across the State. With regard to the present petitioner the learned prosecution submits that the statement of the witnesses indicate that he was present when the said extortion was committed. 8. The learned counsel for the petitioner has also submitted that, considering the length of detention of the accused person, he has been in detention for sufficient time, and in the meantime, investigation must have progressed, and Page No.# 3/4 submits that perhaps bail can be considered at this stage. 9. On the other hand, the learned Additional Public Prosecutor opposing the bail, further submits that investigation has revealed large-scale extortion activities, implicating the petitioner and granting him bail at this stage could prejudice the investigation. 10. Upon perusing the case diary, I find that details of several other cases from various police stations of Assam have been given regarding alleged acts of extortion by persons purportedly belonging to BLS. The details of several police cases have been mentioned, which are subject of separate investigation. Therefore, in terms of the settled law laid down in T.T. Antony v. State of Kerala & Ors. Reported in (2001) 6 SCC 181, the said allegations pertaining to the state police cases cannot give rise to a second FIR in terms of the principles laid down in the above decision. 11. However, in the allegations of the FIR giving rise to the present CID P.S. case, apart from reference to these police cases, allegations have also been made about involvement of the petitioner in the extortion activities in a manner of organized crime, which is now punishable under Section 111 BNS, 2023. Therefore, with regard to those additional or separate allegations made in the FIR, the instant police case appears to have been registered and investigation continuing into the same. The investigation has progressed, but it is not yet complete. 12. Upon perusing the case diary, I find through the statements of several witnesses and other materials of the case diary that the petitioner is revealed to be purported members of the said organization and involved in extortion activities across the State, targeting various business persons, both big, medium, and small. Page No.# 4/4 The investigating agency has contended that the modus operandi of the extortion activities involve use of threats, including threats to life, coercion, intimidation including by using weapons, kidnapping etc. The investigation has contended that such activities have an uncanny resemblance with extortion activities that had been indulged in on a large scale at one point of time in the State by banned insurgent organizations. The investigation appears to be looking into such aspects as well and any linkages thereof. 13. I have given my consideration to the aspect of length of detention. However, considering the nature of the alleged offenses and the manner of alleged illegal activities of the petitioner as purported members of BLS – and the nature of the incriminating materials revealed so far it may be prudent to allow the investigating, agency to continue the momentum in the investigation while the Court refuses bail to the petitioner for the moment. 14. Accordingly, in such view of the matter, the instant bail petition stands rejected at this stage. 15. Return back the case diary. JUDGE Comparing Assistant