Page No.# 1/3 GAHC010265552025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3938/2025 BISWAJIT BARUAH S/O SUCHON BORUAH, R/O NO 1 BORBIL GAON, P.O. BALIJAN, P.S. KAKOTIBARI, IN THE DIST. OF CHARAIDEO, ASSAM, PIN 785691. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM. Advocate for the Petitioner : MR D K NATH, MS M DAS,MS B SHARMA Advocate for the Respondent : PP, ASSAM, BEFORE HON’BLE MRS. JUSTICE MITALI THAKURIA O R D E R Date : 18.12.2025. Heard Mr. D.K. Nath, learned counsel for the petitioner. Also heard Mr. B. Sarma, learned Additional Public Prosecutor, Assam appearing on behalf of the State respondent. This is an application under Section 483 of BNSS, 2023 praying for grant of bail to the accused petitioner, namely, Sri Biswajit Baruah, who has been arrested on 31.10.2025, in connection with Sonari P.S. Case No. 103/2025, under Sections Page No.# 2/3 61(2)/111(2)(3)/308(2)(4)/351(3) of the BNS, 2023. Case diary is received and perused the same. It is submitted by Mr. D.K. Nath, the learned counsel that the present petitioner is innocent and no way connected with the alleged offence. He is also not an FIR named accused nor he is a member of the Bir Lachit Sena, the so called organization. Further he submitted that without any allegation against him, some FIRs have been lodged throughout the State of Assam, only on the political motivation. However, the present petitioner is in the custody since last fifty (50) days and hence, the I.O. has got sufficient opportunity to interrogate him during the period of his custody and as such, further custodial interrogation may not be required for the purpose of investigation. Mr. B. Sarma, learned Additional Public Prosecutor, Assam submitted in this regard that there are sufficient incriminating materials against the present petitioner who is functioning as the Secretary of Mahmara Committee, Charaideo District of Bir Lachit Sena. More so, the case diary reveals that there are many victims who got the threatening from the present accused person along with the others, wherein they demanded money and in some cases, there were reports of extortion. Accordingly, Mr. Sarma, the learned Additional Public Prosecutor raised objection in allowing the petitioner to go on bail at this stage. Considering the submission of learned counsel for both sides, I have also perused the case diary which reveals sufficient materials against the present accused petitioner but without going detail into the other materials of the case, Page No.# 3/3 only considering the length of detention, I find that the I.O. got sufficient opportunity for interrogation of the accused petitioner and hence, further interrogation may not be necessary for the purpose of investigation. In view of this, I find it a fit case to extend the privilege of bail to the present petitioner. Accordingly, it is provided that on furnishing a bond of Rs. 50,000/- (Rupees fifty thousand) only with 1 (one) surety of like amount, to the satisfaction of the learned Chief Judicial Magistrate, Charaideo, the accused/petitioner, namely, Sri Biswajit Baruah, be enlarged on bail, subject to the following conditions: (i) that the petitioner shall appear before the Investigating Officer as and when necessary; (ii) that the petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to any police officer; and (iii) that the petitioner shall submit his Aadhar Card and PAN Card before the learned Chief Judicial Magistrate, Charaideo. In terms of above, this bail application stands allowed and disposed of. JUDGE Comparing Assistant