GUWAHATI, India, Jan. 20 -- Gauhati High Court issued the following order on Dec. 19:
1. Heard Mr. U.S. Borgohain, learned counsel for the accused petitioner as well as Mr. P. Borthakur, learned Additional Public Prosecutor for the State.
2. This petition under Section 482 of the BNSS, 2023 has been filed by the accused-petitioner, namely, Aditya Paniphukan @ Aditya Sagar Paniphukan, for grant of pre-arrest bail in connection with CID PS Case No. 20/2025 under Sections 61(2)/329(3)/308(5)/111(2)(b)/189(2)/351(3) of BNS, 2023.
3. The case was registered based on FIR dated 28.10.2025 lodged by police official in the rank of Inspector CID. The gist of the allegation pertain to running extortion activities by the FIR named persons, along with their associates belonging to an organization Bir Lachit Sena (for short BLS) and running such extortion activities in the nature of organized crime and syndicates.
4. It is submitted that the allegations against the petitioner is false and concocted. He further submits that if the petitioner is granted bail he shall render full co-operation to the investigation and abide by any conditions imposed.
5. Case diary has been received.
6. The learned Additional Public prosecutor submits that investigation has lend support to the allegation of the members purportedly representing the said organization indulging in extortion activities across the State. With regard to the present petitioner, the learned prosecution submits he is also involved in the alleged offences.
7. The learned Additional Public Prosecutor opposing the bail, further submits that investigation has revealed large-scale extortion activities, implicating the petitioner and others granting bail at this stage could prejudice the investigation.
8. Upon perusing the case diary, I find that details of several other cases from various police stations of Assam have been given regarding alleged acts of extortion by persons purportedly belonging to BLS. The details of several police cases have been mentioned, which are subject of separate investigation. Therefore, in terms of the settled law laid down in T.T. Antony v. State of Kerala & Ors. Reported in (2001) 6 SCC 181, the said allegations pertaining to the state police cases cannot give rise to a second FIR in terms of the principles laid down in the above decision.
9. However, in the allegations of the FIR giving rise to the present CID P.S. case, apart from reference to these police cases, allegations have also been made about involvement of the petitioners in the extortion activities in a manner of organized crime, which is now punishable under Section 111 BNS, 2023. Therefore, with regard to those additional or separate allegations made in the FIR, the instant police case appears to have been registered and investigation continuing into the same. The investigation has progressed, but it is not yet complete.
10. Upon perusing the case diary, I find through the statements of several witnesses and other materials of the case diary that the petitioner along with coaccused are revealed to be purported members of the said organization and involved in extortion activities across the State, targeting various business persons, both big, medium, and small. The investigating agency has contended that the modus operandi of the extortion activities involve use of threats, including threats to life, coercion, intimidation including by using weapons, kidnapping etc. The investigation has contended that such activities have an uncanny resemblance with extortion activities that had been indulged in on a large scale at one point of time in the State by banned insurgent organizations. The investigation appears to be looking into such aspects as well and any linkages thereof.
*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=A9S7c5LDIsB6RXaCf816x7jKWTBxW%2BKLQ5ueafKsXe4YPRrNsw1OlNol2ssyYWy5&caseno=AB/2986/2025&cCode=1&cino=GAHC010282482025&state_code=6&appFlag=)
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