Page No.# 1/3 GAHC010245322025 2025:GAU-AS:15432 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3586/2025 ASIFUR ZAMAN S/O NAUSAD ALI R/O WARD NO.8, BARAMA ROAD, NEAR NALBARI D.C. OFFICE, P.O. AND P.S.- NALBARI, DIST-NALBARI, ASSAM, PIN-781335. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR B M DEKA, MR. MASUM ALAM,MS. D BORA,MS D MAHANTA Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER Date : 14.11.2025 1. Heard Mr. B.M. Deka, learned counsel for the petitioner and also heard Mr. D. P. Goswami, learned Addl. P.P for the State. 2. This application has been filed under Section 483 BNSS, seeking bail of the petitioner, namely, Asifur Zaman, who was arrested on 30.10.2025 in connection with Nalbari P.S. Case No. 310/2025 under Sections 61(2)/111/308(4)/196(2)/351(3)/152 of BNS. 3. Case diary as call for has been received. 4. The informant namely SI Litumani Sharma of Nalbari PS lodged an FIR Page No.# 2/3 before Nalbari Police Station against the members of Bir Lachit Sena inter-alia alleging that the members of the Organization were involved in continuous, systemic and organized criminal activities and that Bir Lachit Sena's Nalbari district and central leadership were engaged in a systematic campaign of extortion and that they have been repeatedly and unlawfully demanding money from numerous businesses throughout the district of Nalbari under the threat of death or grievous hurt. It was further alleged that extortion was operated in an organized and hierarchical manner by Rantu Pani Phukan, Bikas Asom and others of Central Committee, who were giving directions to the district committee to collect ransoms from the local people and businessmen by putting them under fear of death and grievous hurt and the Nabari District Committee of Bir Lachit Sena consisted of Dilip Barman(President), Nayanmoni Das(Convenor), Asifur Zaman(Working President), Pankaj Lochan Deka(District Advisor), Naba Kr Barman (District Secretary, Pranjal Barman (Administrative Secretary) and Chandan Barman(member). It was also alleged that the above- mentioned individuals reportedly operated as a coordinated syndicate under the "Bir Lachit Sena " banner with a clear hierarchy and by their actions constituting of a calculated, persistent and criminal planning for illicit gain through coercion tactics, which fall under the banner of organized crime, have with deliberate and malicious intent, have thereby misappropriated the revered name of Mahavir Lachit Borphukan and thereby deceiving the public by cloaking their criminal activities in a fraudulent veneer of patriotism. That on 25th October, 2025, members of the organization held a press conference at Nalbari, making hostile statements and threats against the Hindi speaking population of Nalbari district, thereby promoting disharmony and also issued public threats, ordering the Hindi speaking community to refrain from observing Chhath Puja festival and issued Page No.# 3/3 prohibition against playing of Bhojpuri songs. Accordingly, the FIR was lodged as Nalbari P.S. Case No. 310/2025, U/S 61(2)/111/308(4)/196(2)/351(3)/152 of BNS, 2023 . 5. The learned counsel for the petitioner submits with reference to Annexure- 3 that the petitioner had long ago resigned from the organisation and was no longer a member of the same at the time of the alleged occurrences. 6. On perusal of the FIR and forwarding report it appears that the allegations are not specific to the petitioner and in the meantime the petitioner has spent around 15 days in custody. 7. Having regard to the nature of the allegations further detention of the petitioner is not warranted. 8. Accordingly, the prayer for bail is allowed. 9. It is provided that the accused petitioner, named above, shall be released on bail of Rs.50,000/- (Rupees Fifty Thousand) with one surety of like amount to the satisfaction of learned CJM, Nalbari in connection with the aforesaid case. Subject to the following conditions:- (a) That the accused person shall be available for remaining trial; (b) That the accused persons shall not hamper or tamper with evidence. 10. Send back the case diary. JUDGE Comparing Assistant