Page No.# 1/3 GAHC010118122025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1859/2025 AKKASH ALI AHMED S/O LT. RIHAJUDDIN AHMED R/O VILLAGE NATUNPARA WARD NO. 5, PO MANGALDAI, PS MANGALDAI, DISTRICT-DARRANG, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR S K SARKAR, J BAISHYA,MS. S DAS,MS R KALITA Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 10.06.2025 1. Heard Mr. S. K. Sarkar, the learned counsel for the petitioner. Also heard Mr. R. J. Baruah, the learned Additional Public Prosecutor for the State respondent. 2. This bail application under Section 483 of BNSS, 2023 has been filed by the petitioner, namely, Akkash Ali Ahmed, who has been detained behind the Page No.# 2/3 bars since 22.04.2025 (for the last 64 days) in connection with Mangaldai P. S. Case No. 73/2025 under Sections 196(1)(a) of the BNS, 2023. 3. The gist of accusation in this case is that on 21.04.2025, one Sh. Prasanta Saikia, who is the Coordinator of Biswa Hindu Parishad Bajrang Dal, had lodged an FIR before the Officer-in-Charge of Mangaldai Police Station, inter-alia, alleging that on 10.04.2025, the petitioner has uploaded a post using obscene and slang language against the organization to which the informant belongs in order to incite religious sentiments. 4. The learned counsel for the petitioner has submitted that the petitioner has been languishing behind the bars for the last 49 days and considering the period of detention, the petitioner may be allowed to go on bail. 5. On the other hand, the Additional Public Prosecutor has objected the prayer for bail on the ground that there are sufficient incriminating materials against the present petitioner in the case diary. 6. I have considered the submissions made by learned counsel for both sides and have perused the case diary. 7. Though, there are some incriminating materials against the present petitioner in the case diary, however, considering the nature of the accusation as well as the length of detention already undergone by the petitioner (for the last 49 days), this Court is of considered opinion that if the petitioner cooperates in the investigation, his further custody and detention may not be necessary for fair completion of the investigation of Mangaldai P. S. Case No. 73/2025. 8. In view of the above, both the petitioner is hereby allowed to go on bail of Rs. 30,000/- (Rupees Thirty Thousand only), with one suitable surety of like amount to the satisfaction of the Chief Judicial Magistrate, Mangaldai subject to the following conditions: Page No.# 3/3 i. That the petitioner shall co-operate in the investigation. ii. That the petitioner shall not directly or indirectly make any inducement, threat or promise to any person who may be acquainted with the facts of the case, so as to dissuade such person from disclosing such facts of the case before the Investigating Officer. 9. This bail application is, accordingly disposed of. 10. Send back the case diary. JUDGE Comparing Assistant