Page No.# 1/4 GAHC010171372026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2317/2026 AVIK DAS ALIAS ABHIMANYU DAS S/O-SHRI-KAMALAKHAYA DAS R/O-CHAPAIDANG. P.S-PRAGJYOTISHPUR DIST-KAMRUP (M)ASSAM. VERSUS THE STATE OF ASSAM REPRESENTED BY THE P.P ASSAM. Advocate for the Petitioner : MR. M HOQUE, Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER 31.08.2026 Heard Mr. P. K. Roy Choudhury, learned Senior Counsel assisted by Mr. M. Hoque, learned counsel for the accused and Mr. K. K. Parashar, learned Additional Public Prosecutor, Assam for the State respondent. 2. This application under Section 483 of the Bharatiya Nagarik Suraksha Page No.# 2/4 Sanhita (BNSS), 2023, is preferred by the accused, namely, Avik Das @ Abhimanyu Das, who has been languishing In jalil hazot since 04.07.2026, in connection with Pragjyotishpur P.S. Case No.82/2026, under Section 115(2)/127(2)/351(3)/308(5)/309(4) of the Bharatiya Nyaya Sanhita (BNS), 2023, read with Section 27(1) of the Arms Act, 1959, for grant of bail. 3. It is to be noted here that the aforementioned case has been registered on the basis of one FIR lodged by one Bishan Sonowal, on 02.07.2026. The essence of allegation in the FIR, dated 02.07.2026, is that the informant Bishan Sonowal worked as the Manager of BPO Centre owned by the accused from 18.06.2026 to 28.06.2026 and during the course of his employment, he was allegedly subjected the informant to continuous threat and intimidation and was also deprived of payment of his legitimate wages and that on-28.06.2026, he was called to the residence of the accused at Chapaidang, Bonda, where the accused, who has been possessing 3 rifles and one pistol, demanded a sum of Rs.5,50,000/- from him and the accused also threatened to kill him at gun point and compel him to write and sign certain papers under duress and also physically assaulted him and fired one round near his feet with the intention to intimidating him and compelled him to transfer a sum of Rs.3,00,000/- through online payment and the accused also wrongfully detained his Boleno Car, registered in the name of the Informant's mother, as security for remaining amount of Rs.2,50,000/- and also he threatened to scrap the vehicle if the amount is not paid and he has continuously been threatening the informant and mentally harassing him over telephone. 4. Mr. 4. Mr. Roy Choudhury, learned Senior Counsel for the accused submits that this is the second bail application and the first one was dismissed by this Court, Page No.# 3/4 vide order dated 05.08.2026, in Bail Application No. 1994/2026. 4.1 Mr. Roy Choudhury, learned Senior Counsel, further submits that after dismissal of the first bail application on 05.08.2026, more than 25 days have elapsed, and that the offences are of ’60 days offence’ and that the accused has been languishing in jail hajot for the last 58 days, and therefore, he has contended to allow this application, considering the period of detention. 5. Per contra, Mr. Parashar, learned APP for the State respondent has opposed the application. He has produced the latest status report of the investigation of the Pragjyotishpur P.S. Case No. 82/2026, and he submits that the case is pending for receipt of report from the Deputy Commissioner, Dimapur, Nagaland, in respect of the ‘Arms License’ of the accused and under such circumstances, he has contended to dismiss the petition. However, he submits that there is no scope of filing the charge-sheet within the next two days. 6. Having heard the submission of the learned counsel for both the parties, this Court has carefully gone through the application and the documents placed on record and also perused the latest status report of the investigation, forwarded to this Court by Mr. Parashar, learned APP. 7. It appears that after dismissal of the first bail application vide order dated 05.08.2026, more than 25 days have elapsed and the accused is behind the bars for the last 58 days. 8. Admittedly, charge-sheet has not yet been submitted in this case, as the Page No.# 4/4 investigation is pending for receipt of the report of the Arms License of the accused, issued by the Deputy Commissioner, Dimapur, Nagaland. 9. Further, from a perusal of the status report of investigation forwarded by the learned APP to this Court, it appears that the material part of the investigation is almost over, and further custodial detention of the accused may not be warranted in the interest of the investigation, and as such, this Court is inclined to allow this application. 10. It is provided that on furnishing a bond of Rs. 50,000/- with one surety of the like amount, to the satisfaction of the learned Chief Judicial Magistrate, Kamrup (Metro), Guwahati, the accused shall be enlarged on bail. 11. It is further provided that the accused shall not indulge in interfering with the investigation and also shall not indulge in tempering with the evidence. 12. In terms of the above, this bail application stands disposed of. JUDGE Comparing Assistant