Page No.# 1/4 GAHC010035782025 2025:GAU-AS:2951 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./509/2025 KUNDAN BHARALI @ KUMUD BHARALI AND ANR. S/O SRI DHARANI BHARALI, R/O VILL-CHRISTIAN PATTI, UNDER P.O. AND P.S. NAGAON (SADAR), PIN-782001, IN THE DISTRICT OF NAGAON, ASSAM 2: PARISHMITA SAIKIA W/O KUNDAN BHARALI R/O VILL-CHRISTIAN PATTI UNDER P.O. AND P.S.NAGAON (SADAR) PIN- 782001 IN THE DISTRICT OF NAGAON ASSA VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR G CHOUDHURY, MS N KALITA,MR ARINDAM BARUAH Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER Date : 19-03-2025 Page No.# 2/4 Heard Mr. G. Choudhury, the learned counsel for the petitioners and also heard Mr. R.J. Baruah, the learned Additional Public Prosecutor appearing on behalf of the State respondent. 2. This is an application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, with prayer for bail as the petitioners are behind bars since 10.02.2025 in connection with Mikirbheta P.S. Case No. 21/2025 u/s 77/308(2)/351(2) of Bharatiya Nyaya Sanhita, 2023. 3. Mr. Choudhury, the learned counsel for the petitioners submits in this regard that from the FIR and the forwarding report itself it is seen that the petitioners were in custody prior to lodging of the FIR and thus it is a trap case wherein the informant with connivance of the police officer has pre-planned to trap these present petitioners. Both the accused/petitioners are husband and wife and they are reporter by profession and they have only a minor child and there is no one to look after their minor child. Further, Mr. Choudhury has submitted that both the petitioners are behind the bars for last 38 days and the Investigating Officer got sufficient time for their custodial interrogation. However, both the petitioners are ready and willing to cooperate with the Investigating Officer in further investigation of the case, if they are granted the privilege of bail. 4. Mr. Baruah, the learned Additional Public Prosecutor submitted in this regard that there are sufficient incriminating materials against both the petitioners who are in the name of reporter was engaged themselves in blackmailing people and they took some intimate photographs of the informant and one girlfriend and then started blackmailing the informant to make the Page No.# 3/4 photographs viral and in pursuant to that he initially took Rs. 5,000/- and on the second attempt while he was to give Rs. 10,000/- the petitioners got arrested. Thus he submitted that there are sufficient materials against the present petitioners and raised objection in granting bail to the petitioners. 5. Hearing the submissions made by learned counsel for both sides and from the perusal of the Case Diary it is seen that there is sufficient progress in the investigation of this case and the accused-petitioners are behind the bars for last 38 days and hence without going into other merits of the case, considering the length of detention already undergone by the accused/petitioners, I find that the Investigating Officer has got sufficient time for their custodial interrogation and I find that further custodial interrogation may not be necessary for further investigation of the case. Accordingly, I find it is a fit case to enlarge the accused/petitioner on bail. 6. Accordingly, the accused/petitioner be released on bail on furnishing a bond of Rs. 20,000/- each (Rupees twenty thousand) only with one surety of like amount to the satisfaction of the learned CJM, Morigaon. The accused/petitioners, namely [1] Kundan Bharali @ Kumud Bharali and [2] Parishmita Saikia, be enlarged on bail, subject to the following conditions:- (i) that the petitioners shall make themselves available for interrogation by the Investigating Officer as and when required; (ii) that the petitioners shall not, directly or indirectly, make any inducement, threaten or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer; and (iii) that the petitioner shall not leave the jurisdiction of the learned CJM, Page No.# 4/4 Morigaon without prior permission. The Bail Application stands disposed of. JUDGE Comparing Assistant