Page No.# 1/3 GAHC010060872025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./845/2025 BIRAJ DAS AND ORS SON OF SRI TULSI DAS RESIDENT OF BAZARAPARA POLICE STATION PALASHBARI DISTRICT KAMRUP(M), ASSAM 2: TAPAN DEKA S/O RAMESH DEKA RESIDENT OF HOUSENO. 119 PADUM PATH BELTOLA BASISTHA KAMRUP M ASSAM 3: NAYANJYOTI DAS S/O SRI BHABEN DAS RESIDENT OF HOUSE NO 71 TRIPURA ROAD PS BASISTHA KAMRUP M ASSAM 4: ONIS MECH S/O LATE NAKUL MECH RESIDENT OF HOUSE NO. 99 DISPUR COLLECGE ROAD PS DISPUR KAMRUP M ASSA VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Page No.# 2/3 Advocate for the Petitioner : MR. C K NATH, MR. AJAY SARMA,MR. S MUNIR,MR P DAS Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER 01.04.2025 Heard Mr. S. Munir, learned counsel for the petitioners. 2. The petitioners namely, (i) Biraj Das (ii) Tapan Deka (iii) Nayanjyoti Das (iv) Onis Mech have filed this application under Section 483 of the BNSS, 2023 with prayer for bail as they are behind the bars since 14.03.2025 in connection with Dispur Police Station Case No. 235/2025 under Sections 111(2)/ (a)/308(5)/336(3)340(2)/61(2) of the BNS, 2023. 3. Heard Mr. K. Baishya, learned Additional Public Prosecutor, Assam for the respondent State. 4. The allegation against the petitioners is that they are members of an organized gang and have been involved in extortion from poor vendors at Beltola Bazaar. 5. It is submitted on behalf of the petitioners that not a single victim has come forward. This FIR was lodged by a third person. It is also submitted that the market was settled with one, Fatik Das by the GMC for the period between 05.12.2024 to 31.03.2025 for collecting the toll from various vendors. 6. I have considered the submissions at the Bar. I have scrutinized the case- diary. The petitioners have been behind bars since 14.03.2025. 7. The petitioners have pledged to co-operate with the remaining part of investigation and to abide by any stringent bail conditions if imposed upon Page No.# 3/3 them. It is submitted that further custodial detention may not be required for the progress of investigation. 8. Considering all aspects, petition is allowed. The petitioners shall be enlarged on bail on furnishing a bail bond of Rs. 30,000/- each with a suitable surety of like amount to the satisfaction of the learned CJM, Kamrup (M), under the conditions that: (i) The petitioners shall appear before the Investigating Officer on every fortnight till completion of investigation, (ii) The petitioners shall refrain from such activities with which they are alleged, and (iii) The petitioners shall not leave the jurisdiction of the Court without prior permission. 9. On breach of any of the bail conditions, the Jurisdictional Court/Elaka Magistrate is at liberty to immediately cancel the bail granted to the petitioners. 10. In terms of the above observation, this bail application stands disposed of. 11. Send back the case-diary. JUDGE Comparing Assistant