Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/4 GAHC010274182025
2025:GAU-AS:17687
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3990/2025 RIYAJ AHMED AJAD SON OF A.K. AJAD, RESIDENT OF MAWBAH, P.O. P.S.LUMDINGIRI, DISTRICT - EAST KHASI HILLS,MEGHALAYA VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. A CHAUDHURY, MR. D BORA,MR. N MAHAJAN,MR. A KHAN,MR. P K DAS Advocate for the Respondent : PP, ASSAM,
BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS ORDER Date : 18.12.2025
Heard Mr. B.K. Mahajan, learned counsel for the petitioner. Also heard Mr. K.K. Das, learned Additional Public Prosecutor for the State. 2. This application has been filed under section 483 of the Bharatiya
Page No.# 2/4 Nagarik Suraskha Sanhita, 2023, whereby the accused petitioner namely, Riyaj Ahmed Ajad, has prayed for bail in connection with Dispur P.S. Case No. 875/2025 under Section 140(2)/3(5) of BNS, 2023, added Section 308(2) of BNS, 2023. 3. The petitioner was arrested on 27.10.2025. The case was registered on the basis of an ejahar dated 27.10.2025, lodged by one Rahul Mishra. 4. The gist of the allegations is that while he was attending to his wife at Pratiksha Hospital, some persons in a black Scorpio vehicle kidnapped him for ransom and he came to know the identity of two persons being Riyaz Ahmed and Chinmoy. It is alleged that after kidnapping he was physically and mentally abused and threatened with his life for ransom and while being in confinement, he was forced to transfer some money through one of his known persons. It is stated that during his confinement, he could share his location whereupon he was rescued by police and families. 5. The learned counsel for the petitioner has referred to the annexed documents including documents pertaining to land sale etc. and contends that the informant is a land broker who is himself facing criminal prosecution in another matter and that there was a land transaction between brother of Riyaz Ahmed Ajad and the informant and he committed fraud upon brother of Riyaz Ahmed Ajad, for which the said person knocked on the doors of the police but without success. 6. The case diary has been received. 7.
The Learned Additional Public Prosecutor summits that the investigation is in progress and that the investigation has revealed the involvement of the accused petitioner in the alleged offence of kidnapping the informant for ransom which is undoubtedly a serious offence punishable
Page No.# 3/4 with death or life imprisonment. 8. I have perused the relevant portions of the case diary. 9. It appears that the petitioner side with the grievance of being defrauded by the informant took recourse to ventilate his grievances before the police, but not much police action was forthcoming and thereafter, he contacted members of an organization named Bir Lachit Sena (for short BLS) and sought their help. Investigation has also found that subsequently, another member of the organization helped the petitioner and kidnapped the informant to settle the monetary dispute and take out the money from him. 10. Investigation has found that several members of the organization are indulging in such activities of helping people, recover their amounts and take a commission out of it. The applicable statutory period is 90 days. Though investigation has progressed but it is still continuing. If the informant has defrauded someone, he will be subjected to the process of law, despite its imperfections. 11. But kidnapping for ransom perse is a serious offence which can gravely endanger public safety and security. If such a criminal act is undertaken by a network of individuals for themselves or purportedly representing, any organization then such activity could even take the colour of organized crime. I have perused the statement of the informant/victim recorded before learned JMFC in which he has elaborately stated about the sequence of events pertaining to his kidnapping for ransom to his alleged kidnapping and has implicated the petitioner. 12.
Despite the progress in investigation and the length of detention so far, I am of the considered view that keeping in mind the nature of the alleged offences; the incriminating materials; it may be prudent to refuse
Page No.# 4/4 bail at the moment and allow the investigation to progress further. 13. In such view of the matter, the instant bail petition stands rejected at this stage. 14. Send back the case diary. JUDGE Comparing Assistant