Page No.# 1/4 GAHC010246882025 2025:GAU-AS:16098 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3596/2025 BIRAJ BALLAV KALITA S/O BALOBHADRA KALITA R/O BORAGAON SEWALI PATH B/L-06 P.S. GARCHUK DIST. KAMRUP (M) ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP ASSAM ------------ Advocate for : MR. S MUNIR Advocate for : PP ASSAM appearing for THE STATE OF ASSAM Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER 26.11.2025 1. Heard Mr. S. Munir, learned counsel for the petitioner. Also heard Ms. N. Das, learned Additional Public Prosecutor for the State. 2. This application under Section 483 of BNSS, 2023 has been filed by the petitioner, namely, Biraj Ballav Kalita, has prayed for bail in connection with Dispur P.S Case No. 875/2025 registered under Sections 140(2)/3(5), BNS,2023. 3. The brief facts in this case are that on 27.10.2005, one Rahul Mishra, S/O: Lt. Kishor Mishra, R/O- Flat No. D3, Pravat Enclave, Barunparu, Lokhra, under Garchuk P.S., Kamrup (M) lodged an FIR at Dispur Police Station stating that his wife had been admitted to Coras Hospital on 24.10.2025 for a maternal case. On 26.10.2025, at around 11:00 AM, while he went to a Pharmacy to purchase medicine for his wife, a group of unknown individuals numbering about 7-8 persons suddenly approached him and forcibly picked him up in a black-coloured Scorpio vehicle. They first took him near Ganesh Mandir, where they demanded a ransom amount of Rs. 50,00,000/- (Rupees fifty lakhs) and threatened to kill him if he failed to arrange the said amount. Thereafter, they took him to the backside of the MLA Hostel and then to the backside of Downtown Hospital. During the course of time, their demand was gradually reduced from Rs.50,00,000 to Rs. 30,00,000 and then to Rs. Page No.# 3/4 20,00,000. Subsequently, they asked him to arrange the money allowed him to use his mobile phone to contact his family members. During that time, he came to know the names of two of the accused persons, namely Riaz Ahmed Azad and Chinmay Dutta, who were also involved in the incident. Chinmoy Dutta further demanded that he transfer an amount of Rs. 50,000 to his account through online payment. At that moment, the victim managed to share his phone location with one of his friends, and within a few minutes, police reached the spot, rescued him, and apprehended the individuals involved in the said incident. 4. The petitioner was arrested on 27.10.2025. 5. Upon perusal of the case diary, it is submitted by the learned Additional Public Prosecutor that there is sufficient incriminating material against the petitioner. 6. On the other hand, the learned counsel for the petitioner submits that a civil case has been initiated by some of the accused persons against the informant of the case as the informant owed money to them and this FIR has been lodged as a counter-blast to the aforesaid civil case by trapping the petitioner. 7. It is further submitted that the petitioner was not present on the spot as he was away in Arunachal Pradesh on the day of occurrence. 8. On perusal of the case diary, it appears that the present petitioner was not arrested on the spot but he had himself gone to the police station, whereafter, he was arrested and the material Page No.# 4/4 available in the case diary does not indicate any direct role in the actual abduction of the informant. 9. Having regard to the same, further detention of the petitioner is not considered necessary; accordingly, the prayer for bail is allowed. 10. Accordingly, the above-named petitioner is allowed to go on bail of Rs.50,000/- (Rupees Fifty Thousand) only with two sureties of like amount subject to the satisfaction of the learned Chief Judicial Magistrate, Kamrup(M) with following conditions: (i) That the petitioner shall regularly appear during the trial, if one commences and shall not try to influence or intimidate the witnesses in any manner; (ii) That the petitioner shall not commit any offence while on bail; 11. Violation of bail conditions might entail cancellation of the bail. 12. Return back the case diary. 13. Accordingly, this bail application stands disposed of. JUDGE Comparing Assistant