Page No.# 1/3 GAHC010137572025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2056/2025 RASHID SIKDAR S/O- LATE AFZAL SIKDAR, R/O- VILL- KAHIKUCHI, P.O,P.S AND DIST-BARPETA, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP ASSAM Advocate for the Petitioner : MR P H KONWAR, MR. A R HAZARIKA,MR. D GOGOI Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 17.07.2025 1. Heard Mr. G. Chamuah, learned counsel for the petitioner. Also heard Mr. B. Sarma, learned Additional Public Prosecutor for the State who submits that the case diary has not been received, though requisition for same was given from the Office of the Public Prosecutor. He also submits that another date may be fixed for production of the case diary. 2. On the other hand, learned counsel for the Petitioner has submitted that Page No.# 2/3 the petitioner has been languishing behind the bars for last 57 days and considering the nature of offence involved in this case, further custodial detention may not be necessary. He also submits that the petitioner is repentant of what he has uploaded in his Facebook account. 3. The gist of the accusaiton of this case is that on 21.05.2025, one Bharat Doley, SI of Police had lodged an FIR before the Officer-in-charge of Changsari Police Station, inter alia, alleging that an information was received over mobile phone that in the Facebook account of Imran Nazir, the following objectionable post was uploaded i.e., “I Love you Pakistan, Judi Pakistan r kiba hoi shut korim CM Himanta Biswa Sarma, open challenge Dilu”. Another posts also reads “Pakistan Zindabad, I love you Pakistan, Pakistan r ajon manuh Jodi kiba hoi, CM k shut korim atu di open challenge dily tok????” 4. The learned counsel for the petitioner has submitted that the mobile of the petitioner has already been seized by the Investigating Officer and he has been detained behind the bars for last 57 days. He also submits that considering the period of detention undergone, he may be allowed to go on bail. 5. Though, the learned Additional Public Prosecutor has prayed for another date for production of the case diary, however, on a specific query put to him, he submits that the Investigating Officer has given no reasons for not sending the case diary in spite of specific requisition for the same by the Office of the Public Prosecutor. 6. Under such circumstances, also considering the fact that the petitioner has been detained behind the bars for 57 days, this Court is of considered opinion that further custodial detention of the petitioner may not be required for fair completion of the investigation of Changsari P.S. Case No. 109/2025, if the petitioner co-operates in the investigation. Page No.# 3/3 7. In view of the above, the petitioner, namely, Rashid Sikdar is allowed to go on bail of Rs.30,000/- (Rupees Thirty Thousand) with one surety of like amount subject to the satisfaction of the learned Chief Judicial Magistrate, Kamrup, Amingaon with following conditions:- (i) 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; (ii) That the petitioner shall co-operate in the investigation; 8. This bail application is accordingly disposed of. JUDGE Comparing Assistant