Gauhati High Court
Powang Konyak vs The State Of Assam on 18 September, 2025
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GAHC010194902025
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./2858/2025
POWANG KONYAK
S/O LT. SOLU KONYAK, R/O HOUSE NO. 178 NATUN BASTI, P.S. WEST
POLICE STATION, DIST. DIMAPUR, STATE NAGALAND, PIN 797113
VERSUS
THE STATE OF ASSAM
REPRESENTED BY PP, ASSAM.
Advocate for the Petitioner : MR G CHOUDHURY, MR ARINDAM BARUAH,MS N
KALITA,MS M N KONYAK
Advocate for the Respondent : PP, ASSAM,
BEFORE
HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA
ORDER
Date : 18.09.2025
1. Heard Mr. G. Choudhury, learned counsel for the petitioner. Also heard Mr. K. K. Parasar, learned Additional Public Prosecutor for the State.
2. The application under Section 483 of BNSS, 2023, has been filed by the petitioner, namely, Powang Konyak, who has been detained behind the bars since 09.08.2025 in connection with Crime Branch P.S. Case No. 02/2025 under Page No.# 2/4 Sections 61(2)/147/308(2) of BNS read with Sections 10/13 of the Unlawful Activities (Prevention) Act.
3. The gist of accusation in this case is that on 29.04.2025, one Dr. Sankar Jyoti Nath, Inspector of Police had lodged an FIR before the Officer-in- charge of Crime Branch Police Station, inter alia, alleging that an information was received through reliable sources that certain Overground Workers or linkmen of the Proscribed Organization ULFA (Independent) were found doing their operational activities in Guwahati. It is also alleged in the FIR that the said Overground Workers were directly associated to self-styled commander of ULFA(I), namely, James Asom and are reportedly engaged in collection of funds through extortion. It is also stated therein that the FIR also named three accused persons, namely, Y. Nemkha, Yaman Konyak and S. Hangmei Konyak.
4. The learned counsel for the petitioner has submitted that the petitioner is an innocent Naga person who is presently employed in Naga Kitchen and is in no way involved in the offence alleged in the FIR. He, however, submits that the petitioner has been detained behind the bars for the last 40 days and considering the fact that the accusation against the petitioner are mainly under Sections 10/13 of the Unlawful Activities (Prevention) Act, he may be allowed to go on bail.
5. The learned counsel for the petitioner has also submitted that in the meanwhile, the named accused in the FIR have already been granted bail by a Co-ordinate Bench of this Court. He further submits that the other two accused persons, namely, Longshah Nokkhan @ Longsha Konyak @ Nokhan Wangnao @ Konyak and Akaitakhe Konyak @ Akoi Konyak hails from his village and, therefore, he brought them to work in Naga Kitchen at Guwahati.
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6. On the other hand, the learned Additional Public Prosecutor has produced the case diary of Crime Branch P.S. Case No. 02/2025 and has submitted that there are materials against the petitioner in the case records. He submits that he had brought the other two co-accused persons from a remote village in the eastern part of Nagaland to work in Naga Kitchen.
7. I have considered the submissions made by the learned counsel for both sides and have gone through the case diary.
8. It appears that the named accused in the FIR have already been released on bail by a Co-ordinate Bench of this Court on 18.06.2025 in Bail Application No. 1895/2025.
9. It also appears that the only accusation against the present petitioner is that he brought the co-accused persons to work at Naga Kitchen and later on, they were found having links with the Proscribed Organization ULFA(I).
10. Considering the nature of accusation as well as period of detention undergone by the present petitioner also considering the fact that in the meanwhile the accused named in the FIR have already been released on bail, this Court is of considered opinion that if the petitioner co-operates in the investigation, his further custodial detention may not be necessary for fair completion of investigation in Crime Branch P.S. Case No. 02/2025.
11. Accordingly, the above named petitioner is allowed to go on bail of Rs.30,000/- (Rupees Thirty Thousand) only with one surety of like amount subject to the satisfaction of the learned Special Judge, Kamrup(M) with following conditions:-
(i) That the petitioner shall not directly or indirectly make any inducement, threat or promise to any person who may be acquainted with the Page No.# 4/4 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. This bail application is accordingly disposed of.
JUDGE Comparing Assistant