Page No.# 1/3 GAHC010073852025 2025:GAU-AS:4861 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1107/2025 GAUTAM DAS S/O SARBESWAR DAS, R/O JATIA, KAHILIPARA, NEAR ICICI BANK, P.S.- DISPUR, PIN-781034, DIST- KAMRUP (M), ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR P P MEDHI, Z HAQUE,MR G BARGAYARY Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK ORDER 23.04.2025 Heard Dr. P. P. Medhi, learned counsel for the petitioner and Mr. K. K. Parashar, learned Additional Public Prosecutor, Assam for the State. 2) The petitioner, namely, Gautam Das, son of Sarbeswar Das, resident of Jatia, Kahilipara, Police Station-Dispur, District-Kamrup (Metro) has filed this application under Section 483 BNSS, 2023 on 04.04.2025, praying for his bail in Cyber Police Station Case No. 06/2025 registered under Sections 77/79/356(2) of BNS, 2023 read with Sections 66E/67A of the I.T. Act, 2000, Page No.# 2/3 corresponding to G.R. No. 1373/2025, in which, he was arrested on 13.03.2025 and is in custody since then. 3) As per the FIR dated 28.02.2025 lodged before the Cyber Cell of Guwahati Police by the complainant, the case is that she came to know about circulation of her nude photographs on TeleGram group on 27.02.2025 at night around 9 P.M. from one individual named JIN and on receipt of the said information, she contacted said JIN and collected 2 (two) of her obscene photographs and learnt that her private photographs were on circulation through a TeleGram ID @ CERTIWOP. In her said FIR dated 28.02.2025, the complainant also stated that earlier, she shared those photographs with the petitioner in the year 2017 while she was close to him and gave the relevant phone numbers of the petitioner as well as of JIN to the Police. 4) The said FIR dated 28.02.2025 lodged by the informant was accordingly registered as Cyber Police Station Case No. 06/2025 under Sections 77/79/356(2) of BNS, 2023 read with Sections 66E/67A of the I.T. Act, 2000, corresponding to G.R. No. 1373/2025. 5) It is submitted by the petitioner that he is no way involved in the case and Police have already seized his mobile phone and considering his detention in custody since 13.03.2025, he should be considered for his bail. 6) Perused the case diary placed before the Court today by Mr. K. K. Parashar, learned Additional Public Prosecutor, Assam. 7) From the case diary, it is seen that Police have already arrested 2 (two) other accused persons involved in the case, including a female, who is a friend of the present petitioner. 8) From the case diary, it is also seen that the concerned Investigating Officer of the case could trace out numbers of such Instagram groups, WhatsApp groups and TeleGram groups that are involved in sharing and selling of obscene photographs in lieu of payment of money and in one of such internet group, the photographs of the complainant are also available. However, the concerned Investigating Officer is yet to ascertain from where the obscene photographs of the complainant were uploaded in the concerned WhatsApp/TeleGram/Instagram group. 9) Considering such materials in the case diary and the detention of the petitioner in custody since 13.03.2025, the Court is of the view that further custodial detention of the petitioner is not warranted for investigation of said Cyber P.S. Case No. 06/2025. As such, this bail application of the petitioner in said Cyber P.S. Case No. 06/2025 is accepted. Page No.# 3/3 10) Accordingly, the petitioner, namely, Gautam Das, son of Sarbeswar Das be released on bail in said Cyber P.S. Case No. 06/2025 on furnishing a bail bond of Rs. 50,000/- with 2(two) local sureties, each of the like amount to the satisfaction of the learned Judicial Magistrate First Class, Kamrup (Metro), Guwahati subject to the conditions that the petitioner, named above — i) shall appear before the Investigating Officer of said Cyber P.S. Case No. 06/2025 as and when he is required for necessary investigation of the said case; ii) shall not leave the territorial jurisdiction of Cyber Police Station without obtaining prior written permission from the Investigating Officer of said Cyber P.S. Case No. 06/2025; iii) shall not hamper with the investigation, or tamper with the evidence of the case; iv) shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case, so as to dissuade them from disclosing such facts to the Court or to any police officer; v) shall not harm/threat the complainant, her parents or anyone of her family members by him or by anyone acting on his behalf in any manner; vi) shall not come to the vicinity of the complainant or anyone of her family; and vii) shall not involve himself in any criminal activities in the future. 11) Failure to comply with of the aforesaid terms and conditions by the petitioner, namely, Gautam Das, son of Sarbeswar Das the bail granted to him in said Cyber P.S. Case No. 06/2025 shall stand automatically vacated. 12) This bail application accordingly stands disposed of. 13) Return the case diary herewith. JUDGE Comparing Assistant