Page No.# 1/4 GAHC010038752025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./495/2025 BIPUL PURUSA S/O. LT. BINOY CHANDRA PURUSA, R/O. HAFLONG MARKET, HAFLONG, P/O. AND P/S. HAFLONG, DISTRICT-DIMA HASAO, ASSAM VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM. Advocate for the Petitioner : MR. M DAS, MR. D THAOSEN,MR. K N CHOUDHURY,N K NEOG,MR S BHARALI Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 27.02.2025 1. Heard Mr. K. N. Choudhury, learned senior counsel assisted by Mr. Debojeet Thaosen, learned counsel for the petitioner. Also heard Mr. D. Das, learned Additional Public Prosecutor for the State. 2. This application under Section 483 of BNSS, 2023 has been filed by the petitioner, namely, Bipul Purusa, who has been detained behind the bars since Page No.# 2/4 16.01.2025 (for last 42 days) in connection with Umrangso P.S. Case No. 02/2025 under Sections 105/3(5) of BNS, 2023 read with Section 21(1) of the Mines and Minerals (Development and Regulation Act), 1957. 3. The gist of accusation is that on 06.01.2025 one Sri Prasenjit Kemprai, Senior Manager (Tech) AMDCL had lodged an FIR before the Officer-in-charge Umrangso Police Station, inter alia, alleging that an information was received by the first informant that some laborers and some miscreants who were doing illegal coal extraction from well type pit hole have been trapped therein on 06th of January, 2025 and in the pit under water, a prayer was made for rescuing the trapped persons and it was alleged that this type of illegal mining which was very dangerous and may lead to loss of life is going on there. 4. The learned senior counsel for the petitioner has submitted that the petitioner is an approved customer of Assam Mineral Development Corporation Limited for the purpose of extraction of coal and transport of coal under the personal supervision, instruction and control of in-charge of Garampani Coal Extraction. 5. The learned senior counsel for the petitioner has submitted that as per the agreement itself it would reveal that the petitioner was not engaged in extraction of coal, his only mandate was to dispose of the already extracted coal and transport the coal as per the said agreement. 6. The learned senior counsel for the petitioner has submitted that the petitioner was transporting the extracted coal, however, in the year 2022 the Manager of the petitioner, namely, Nikhil Malakar had expired and thereafter he had stopped transporting the coal from the said area. 7. The learned senior counsel for the petitioner has submitted that the Page No.# 3/4 petitioner is not involved in the offence alleged in the FIR. He also submits that the petitioner has been behind the bars for last 42 days and considering the period of detention, his further custodial detention may not be extended. He also submits that the petitioner is suffering from various ailments and he is a person aged about more than 66 years. 8. On the other hand, learned Additional Public Prosecutor has produced the case diary of Umrangso P.S. Case No. 02/2025 and has submitted that there are incriminating materials against the petitioner in the case diary. He, however, submits that the statements of the petitioner and the relevant witnesses have already been recorded and the investigation has fairly progressed. 9. I have considered the submissions made by the learned counsel for both the sides and have gone through the materials available on record including the case diary of Umrangso P.S. Case No. 2/2025. 10. Though, from the case diary, it appears that some incriminating evidence have been collected against the present petitioner in this case, however, considering the progress made in the investigation as well as the period of detention already undergone by the petitioner, this Court is of considered opinion that further custodial detention of the petition may not be necessary, if he otherwise cooperates in the investigation. 11. In view of the above, the petitioner, namely, Bipul Purusa is hereby allowed to go on bail of Rs.30,000/- (Rupees Thirty Thousand) with one surety of like amount subject to the satisfaction of the learned Chief Judicial Magistrate, Dima Hasao with following conditions:- (i) That the petitioner shall not directly or indirectly make any inducement, threat or promise to any persons who may be acquainted Page No.# 4/4 with the facts of the case so as to dissuade such person from disclosing such facts of the case before the Investigating Officer; (ii) That the petitioner shall co-operate in the investigation; 12. With the above observation, this bail application is disposed of. JUDGE Comparing Assistant