Page No.# 1/5 GAHC010275672025 2025:GAU-AS:17776 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./4044/2025 RANTU PANI PHUKAN AND 2 ORS S/O AMULYA PANI PHUKAN, R/O VILL. MOGROI, P.O. MOGROI, P.S. MARIANI, DIST. JORHAT, ASSAM 785635 2: TANMOY CHETIA 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 PIN-781005. 3: UTPAL DUTTA S/O LATE MATHUR CH. DUTTA R/O VILL- BAMHUKUTA P.S. DULIAJAN P.O. DULIAJAN DIST. DIBRUGARH ASSAM PIN-786602 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM. Advocate for the Petitioner : MR S BORTHAKUR, DEVABRATA SAIKIA,MR. U S BORA Page No.# 2/5 Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS ORDER Date : 19.12.2025 Heard Mr. S. Borthakur, learned counsel for the petitioners. Also heard Mr. R.J. Baruah, learned Additional Public Prosecutor for the State. 2. This application has been filed under section 483 of the Bharatiya Nagarik Suraskha Sanhita, 2023, whereby the accused petitioners namely, (i) Rantu Pani Phukan (ii) Tanmoy Chetia (iii) Utpal Dutta, have 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 petitioners were arrested on 28.10.2025. 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. Page No.# 3/5 5. The learned counsel for the petitioners submits that that he is basing his contentions mainly on the ground of detention and that considering the detention since 28.10.2025, they have spent sufficient time in detention and investigation also must have progressed and therefore, perhaps bail can be considered. 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 petitioners also in the alleged offence of kidnapping the informant for ransom which is undoubtedly a serious offence punishable with death or life imprisonment. 8. I have perused the relevant portions of the case diary. 9. It appears that one co-accused 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. The investigation has revealed incriminating materials against the petitioners indicating their involvements in the alleged offences. Investigation has found that several members of the organization, including the petitioners are indulging in such activities of helping people, recover their amounts and take a commission out of it. The applicable statutory Page No.# 4/5 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 imperfection. 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 about such activities. 12. Upon perusing the case diary, I find that the investigation has revealed that, as already mentioned above, some members of the organization (BLS) also help people in recovery of money and take a commission out of it. However, the modus operandi pertaining to such recoveries is by using force, threat and kidnapping etc. The alleged incident out of which the present proceeding has arisen is also stated to be one such incident. The present petitioners are revealed to be associated with the BLS organization and the investigation has found incriminating materials. 13. 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 and for the reasons stated above – it may be prudent to refuse bail at the moment and allow the investigation to progress further. 14. In such view of the matter, the instant bail petition stands rejected Page No.# 5/5 at this stage. 15. Send back the case diary. JUDGE Comparing Assistant