JUDGMENT 1. Sri Baiju Kumar and Sri Chandan Phukan have filed this application for bail under Section 439 of the Code of Criminal Procedure, 1973 in Borholla P.S. Case No.16/2020 registered under Section 384/34 I.P.C. read with Section 25(1a)/25(1aa) Arms Act. 2. The Court proceedings have been conducted by means of creating a Virtual Court with the help of technology, so as to maintain distance between the staff, Advocates and the Presiding Judge. 3. I have heard Mr. R Hazarika, learned counsel for the applicants and Mr. NJ Dutta, learned Additional Public Prosecutor, Assam for the respondent. 4. I have gone through the contents of the FIR. As per the FIR, search was conducted in the shop of Sri Baiju Kumar, the applicant, as per direction of Superintendent of Police, Jorhat. As per information, the applicants are goonda type persons and collected ransom from business establishments, passenger vehicles, trucks, dumpers, etc. plying in the area. Those who refuse to pay the ransom, are compelled to pay at gun point. It has been alleged in the FIR that one 7.65 pistol and some ammunitions have been recovered, hence, the Arms Act has been invoked. 5. Learned counsel for the applicant has argued that Babul Lahan has been released on bail. Even Babul Lahan has been named in the FIR. It has further been argued that names of the victims have not been given in the FIR. Vague and wide sweeping accusation has been made. 6. Considering the custody period since 19 th January, 2020 and the fact that no purpose of law or investigation would be served by further detention, in peculiar facts and circumstances of the case, I hereby allow this application. 7. It is hereby directed that the applicants abovenamed be released on bail on their furnishing bail bonds to the satisfaction of the Sub-Divisional Judicial Magistrate (M), Titabor, Jorhat. 8. Heavy surety. 9. It is made clear that in case any complaint of similar nature is received in any police station or police post, the prosecution would be at liberty to seek cancellation of bail. It is further directed that the applicants shall not approach, intimidate or influence any witness. In case any such incident is reported, the prosecution would be at liberty to seek cancellation of bail. 10.
It is further directed that the applicants shall not approach, intimidate or influence any witness. In case any such incident is reported, the prosecution would be at liberty to seek cancellation of bail. 10. It is further directed that in case the applicants delay the process of investigation or trial at any stage, the prosecution would be at liberty to seek cancellation of bail. 11. Let a copy of this order be provided under the signature of the Court Master.