Page No.# 1/4 GAHC010266132025 2025:GAU-AS:17558 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3917/2025 TONMOY CHETIA AND ANR S/O LATE PRADIP CH. CHETIA,R/O H/NO 08, BYE LANE NO. 4, VIP LANE, TARUN NAGAR, P.S. BHANGAGARH, GUWAHATI, DIST. KAMRUP (M), ASSAM 781005 2: UTPAL DUTTA S/O LATE MATHUR CH. DUTTA R/O VILL- BAMHUKUTA P.O. DULIAJAN P.S. DULIAJAN DIST. DIBRUGARH ASSAM PIN-786602 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM. Advocate for the Petitioner : MR S BORTHAKUR, MR. D GOGOI Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS ORDER Date : 17.12.2025 1. Heard Mr. S. Borthakur, learned counsel for the accused petitioners as well as Page No.# 2/4 Mr. R. J. Baruah, learned Additional Public Prosecutor for the State. 2. This petition under Section 483 of the BNSS, 2023 has been filed by the accused-petitioners, namely, Tonmoy Chetia and Utpal Dutta, 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 petitioners were shown arrested on 06.11.2025. 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 petitioners submits that the petitioners are not named in the FIR and yet they were arrested in this case and so far they have been in custody for 41 days and during those days they have also been custodially examined as well. It is also submitted that the allegations against the petitioners are false and concocted. He further submits that if the petitioners are granted bail they 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 lend support to the allegation of the members purportedly representing the said organization indulging in extortion activities across the State. With regard to the present petitioners the learned prosecution submits that the statement of the witnesses indicate that they were present when the said extortion was committed. 8. The learned counsel for the petitioners has also submitted that, considering Page No.# 3/4 the length of detention of the accused persons, they have been in detention for sufficient time, and in the meantime, investigation must have progressed, and 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 petitioners and granting them 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 petitioners 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 petitioners are 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 petitioners 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 petitioners 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