Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010149182025
2025:GAU-AS:9959
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2183/2025 SANIUR RAHMAN S/O MD. GAJIBUR RAHMAN VILL- PATHALI PARA P.S. BOKO DIST. KAMRUP, ASSAM. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM. Advocate for the Petitioner : MR. A PARAMANIK, P. KALITA Advocate for the Respondent : PP, ASSAM,
BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA
ORDER 01.08.2025
1. Heard Mr. A. Paramanik, the learned counsel for the petitioner. Also heard Mr. B. Sarma, the learned Additional Public Prosecutor, appearing for the State of Assam. Page No.# 2/3
2. This application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita(BNSS), 2023 has been filed by the petitioner, namely, Saniur Rahman, who has been detained behind the bars since 06.06.2025 (for the last 57 days), in connection with Boko P.S. Case No. 194/2025, under Sections 196(1)/299/302/351(3)/352/353(1) of BNS, read with Section 67 of I.T. Act,
2000. 3. The gist of accusation in this case is that on 06.06.2025, one Bitopan Rajbongshi has lodged an FIR before the Officer-In-Charge of Boko Police Station inter alia, alleging that, from the Instagram account/ handle of the present petitioner, an objectionable video was uploaded therein, whereby, the people of the Hindu community were threatened. 4. The learned counsel for the petitioner has submitted that the petitioner has been languishing behind the bars for last 57 days and the maximum statutory period of detention in this case under Section 487 of the BNSS is 60 days only. Hence, considering the period of detention already undergone, the petitioner may be allowed to go on bail. 5. On the other hand, the learned Additional Public Prosecutor, has produced the Case Diary and has submitted that there are sufficient incriminating material against the petitioner in the Case Diary. 6. However, he also submits that the investigation has fairly progressed in this case. 7. I have considered the submissions made by the learned counsel for both sides and have gone through the Case Diary produced by the learned Additional Public Prosecutor. Page No.# 3/3
8. Though there are incriminating materials against the petitioner in the Case Diary, however, considering the progress made in the investigation and the period of detention undergone by the petitioner, this Court is of the opinion that further custodial detention of the petitioner may not be necessary for fair completion of the investigation of the aforesaid case. 9. In view of the above, the above-named petitioner is allowed to go on bail of Rs.
30,000/- (Rupees Thirty Thousand only) with a suitable surety of like amount, subject to the satisfaction of the learned Judicial Magistrate First Class, Boko with following conditions:- (i) the petitioner shall co-operate in the investigation as and when so required; and (ii) the petitioner shall not directly or indirectly make any inducement, threat or promise to the informant or to any other person who may be acquainted with the facts of the case so as to dissuade such person from disclosing such facts before the Investigating Officer or to any Court. 10. With the above observation, this bail application is accordingly,
disposed of.
11. Send back the Case Diary.
JUDGE Comparing Assistant