Bikash Baruah Alias Bikash Asom Vs the State of Assam — Bail and Remand | Gauhati HC (2026)

Bikash Baruah Alias Bikash Asom Vs the State of Assam — Bail and Remand | Gauhati HC (2026)

What the court decided

AI extract

Outcome

Accused-petitioner Bikash Baruah @ Bikash Asom to be released on bail of Rs.50,000/- with one suitable surety of like amount, subject to conditions (cooperation with remaining investigation; no tampering with evidence; no intimidating/harassing/harming or influencing witnesses; no misuse of liberty); violation may entail cancellation of bail. Bail application allowed and disposed of; case diary to be returned.

Issue for consideration

Whether the accused-petitioner Bikash Baruah @ Bikash Asom should be granted bail under Section 483 of the BNSS, 2023 in CID P.S. Case No.20/2025 (alleged organized extortion by Veer Lachit Sena associates), in view of his length of detention since 07.11.2025, the state of investigation, and parity with co-accused already released on bail.

Court's answer

Considering the length of detention, the progress of investigation and the aspect of parity, the Court held that the accused should be granted bail at this stage, even though investigation is not yet complete.

Ratio / Principle

The accused-petitioner is to be released on bail of Rs.50,000/- with one suitable surety of like amount to the satisfaction of the learned concerned court.

Key takeaways

Bail is subject to conditions: (a) cooperation with the remaining investigation; (b) not hampering or tampering with evidence; (c) not intimidating, harassing, harming or trying to influence witnesses; (d) not misusing liberty to commit illegal activities or offences; violation may entail cancellation of bail.ratio¶30

Detailed headnote1 paragraphs

Bail granted – Gauhati High Court (Pranjal Das, J., 04.02.2026, Bail Appln./285/2026; neutral cit. 2026:GAU-AS:1485) allowed an application under Section 483 of the BNSS, 2023 by accused Bikash Baruah @ Bikash Asom in CID P.S. Case No.20/2025, arising from FIR dated 28.10.2025 alleging organized extortion/syndicate activities by FIR-named persons and associates of 'Veer Lachit Sena' (BLS), punishable under Sections 61(2)/329(3)/308(5)/111(2)(b)/189(2)/351(3) of the BNS Act, 2023. Though the prosecution stated investigation was incomplete, bail was granted on the cumulative grounds of length of detention (arrested 07.11.2025; counsel pleaded completion of the 90-day statutory under-trial period) and parity with co-accused already enlarged, on a bond of Rs.50,000/- with one like surety, subject to conditions of cooperation with investigation, non-tampering with evidence, non-intimidation of witnesses and non-misuse of liberty, breach entailing cancellation.

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GAHC010014502026

2026:GAU-AS:1485

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : Bail Appln./285/2026

BIKASH BARUAH ALIAS BIKASH ASOM

S/O BHADRESWAR BORUAH, R/O H/NO 945 GREENLAND, BYE LANE NO 10, DR. JAKIR HUSSAIN PATH, DOWN TOWN, SARUMOTORIA, GUWAHATI, P.S. DISPUR, DIST. KAMRUP M, ASSAM 781005 PERMANENT ADDRESS VILL. KONWARPUR, P.S. SIVSAGAR, DIST. SIVASAGAR, ASSAM.

VERSUS

THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM.

Advocate for the Petitioner : MR S BORTHAKUR, DEVABRATA SAIKIA,MR. U S BORA Advocate for the Respondent : PP, ASSAM,

BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS

ORDER

04.02.2026

Heard Mr. S. Borthakur, learned counsel for the petitioner. Also heard Mr. D. P. Goswami, learned Additional Public Prosecutor for the State.

This petition under Section 483 of the BNSS, 2023 has been filed by the accused-petitioner, namely, Bikash Baruah @ Bikash Asom, praying for grant of bail in connection with CID P.S. Case No.20/2025 under Sections 61(2)/329(3)/308(5)/111(2)(b)/189(2)/351(3) of the BNS Act,

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Case diary as called for is received.

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 Veer Lachit Sena (for short BLS) and running such extortion activities in the nature of organized crime and syndicates.

The petitioner was shown arrested on 07.11.2025. Learned counsel for the petitioner submits that he is mainly seeking bail on the ground of length of detention as the petitioner has been in detention since 07.11.2025. It is also submitted that perhaps investigation must have also progressed, in the meantime. It is also submitted that co-accused have already granted bail and relevant copies of bail orders have been placed before this Court. It is further submitted by the learned counsel for the petitioner that the petitioner has completed 90 days in under trial detention and the applicable statutory period is 90 days.

Upon instruction, the prosecution submits that investigation is not yet been completed and still going on.

Learned Additional Public Prosecutor by opposing the bail petition submits that investigation has lent support to the allegations. However, considering the length of detention, the progress of investigation and the aspect of parity – I am of the considered view that the accused should be granted bail at this stage.

Accordingly, the accused petitioner, named above, shall be released

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on bail of Rs.50,000/- with one suitable surety of like amount to the satisfaction of learned concerned court subject to the following conditions that the petitioner:

(a)shall co-operate with the remaining investigation.

(b) shall not hamper or tamper with evidence

(c) shall not intimate or harass or harm or try to influence any witnesses.

(d) shall not misuse their liberty to commit any illegal activities or offences.

Violation of the conditions might entail cancellation of bail.

Accordingly, this bail application stands allowed and disposed of .

Return the case diary.

JUDGE

Comparing Assistant