Page No.# 1/3 GAHC010026252025 2025:GAU-AS:2791 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./347/2025 TAPHA KONYAK S/O LATE NAHTEI KONYAK R/O SHANGNYU VILLAGE, P.S. TIZIT, DIST. MON, NAGALAND. VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. M ALAM, MS. P BORAH Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER Date : 17-03-2025 Heard Mr. K. Boruah, the learned counsel for the petitioner and also heard Mr. R.J. Baruah, the learned Additional Public Prosecutor appearing on behalf of the State respondent. Page No.# 2/3 2. This is an application under Section 483 of the BNSS, 2023 with prayer for bail to the petitioner as he is behind bars since 01.01.2025 in connection with Sonari P.S. Case No. 124/2024 u/s 113(2)(b)/113(3)/113(4)/147/148/149 of the Bharatiya Nyaya Sanhita, 2023 read with sections 10/13/16(1) (b)/17/18A/18B/20/39/40 of the Unlawful Activities (Prevention) Act, 1967. 3. Heard the submissions made by learned counsel for both sides. The Case Diary is received and perused the same. 4. It is submitted by Mr. Boruah, the learned counsel for the petitioner that the present accused-petitioner was arrested in connection with this case on 01.01.2025 and till date he is in custody for 76 days and thus the Investigating Officer got sufficient time for his custodial interrogation. Further, he submitted that in the FIR, the name of the present petitioner is not mentioned and he is no way related in the alleged offence. However, he is ready and willing to co- operate with the Investigation Officer, if he is granted with the privilege of bail. 5. Mr. Baruah, the learned Additional Public Prosecutor submitted in this regard that from the materials available in the Case Diary and the note of the Investigating Officer, it is seen that the present petitioner is fully involved with the alleged offence and he is a linkman not only for the NSCN-KYA but he is also working as a linkman of the ULFA(1) and that apart he also extorts money for the said organisations and he is directly involved in the case. Further, it is submitted that there are sufficient call details which were recovered during the investigation, where from it is also seen that there were long discussions in regards to unlawful stands to disturb peace and harmony in Assam. Mr. Baruah further submitted that the case record is still under process of investigation and custodial detention may be required to unearth some more facts in this case and to nab the other culprits who are connected with the alleged offence. Page No.# 3/3 Accordingly, Mr. Baruah raised strong objection in granting bail to the present accused/petitioner. 6. Heard the submissions made by learned counsel for both sides, I have also perused the case records, the Case Diary and the annexures filed with the petition. From the note of the Investigating Officer as well as from the statement made by the witnesses and the other materials so far collected by the Investigating Officer, it is seen that the present petitioner is very much involved with the alleged offence and some of the co-accused are yet to be nabbed in connection with this case. The investigation is still under process and from the materials in the Case Diary it is seen that the further custodial interrogation of the present accused-petitioner may be required to unearth some facts of this case and also to nab the other co-accused persons. 7. In view of this and considering the nature and gravity of the offence, I do not find it proper to grant bail to the present petitioner at this stage and hence the same stands rejected. JUDGE Comparing Assistant