Gauhati High Court
Page No.# 1/4 vs The State Of Assam on 18 June, 2025
Author: Parthivjyoti Saikia
Bench: Parthivjyoti Saikia
Page No.# 1/4
GAHC010121602025
2025:GAU-AS:8091
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./1895/2025
Y NEMKHA KONYAK AND 2 ORS.
S/O LT. YAKEI KONYAK
R/O VILL- CHEN, .S. APOY
DIST. MON, STATE- NAGALAND.
2: YAMAN KONYAK
S/O SHUMWALNG KONYAK
R/O VILL- LOISHO
P.S. MON
DIST. MON
STATE- NAGALAND.
3: S. HANGMEI KONYAK
S/O LT. SAPA KONYAK
R/O CHEN
P.S. ABOI
DIST. MON
STATE- NAGALAND
VERSUS
THE STATE OF ASSAM
REP. BY THE LD. PP, ASSAM.
Advocate for the Petitioner : MR G CHOUDHURY, MR ARINDAM BARUAH
Advocate for the Respondent : PP, ASSAM,
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BEFORE
HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA
ORDER
Date : 18.06.2025
1. Heard Mr. G. Choudhury, learned counsel for the petitioners. Also heard Mr. K. K. Parasar, learned Additional Public Prosecutor for the State of Assam.
2. This application has been filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in respect of Crime Branch P.S. Case No.02/2025.
3. In the FIR, it is alleged that some overground workers of an Organization, called ULFA (Independent) have been collecting money within the city of Guwahati and to that effect they have created a mentor. It is also alleged that the overground workers of the banned organization has been laid by James Asom, a self-styled commander of ULFA (I).
4. The present 3(three) petitioners were arrested on the allegation of their being overground workers of ULFA (I).
5. Mr. Parasar, learned Additional Public Prosecutor has submitted that the petitioners have links with NSCN another banned organization of Nagaland.
6. The people associated with NSCN and ULFA (I) have been working together. The CDRs relating to the petitioners are also collected by the Investigating Officer, which shows that the petitioners have been maintaining relationship with many persons.
7. Learned counsel for the petitioners has submitted that the 3(three) petitioners were arrested and remanded to judicial custody, the Investigating Officer Page No.# 3/4 has not yet properly interrogated the 3(three) petitioners.
8. According to the learned counsel for the petitioner, these 3(three) petitioners are from the State of Nagaland, they work at Guwahati in different restaurants as cook. He further submitted that since they belong to the State of Nagaland, they have been unnecessarily picked up by Police in this matter.
9. I have considered the submissions made by learned counsel for both the sides.
10. Under the given circumstances, this Court is of the opinion that keeping contact with other people does not amount to an offence, if it is not proved that the said contact has led to commission of an offence.
11. I have decided to agree with Mr. Choudhury, learned counsel for the petitioners that in the FIR, no names are mentioned from whom money was collected. Even the Case Diary does not have the names of those persons from whom money was collected.
12. Under the given circumstances, this Court is of the opinion that the petitioners do not deserve to be detained in custody for any further period of time.
13. Therefore, the bail application of the petitioners is allowed.
14. The petitioners, Y Nemkha Konyak, Yaman Konyak and S. Hangmei Konyak, who were arrested in connection with Crime Branch P.S. Case No.02/2025, shall be released on bail of Rs.25,000/- each with a local surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Kamrup (M), Guwahati.
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15. With the aforesaid direction, the bail application stands disposed of.
16. Case Diary shall be returned.
JUDGE Comparing Assistant