Page No.# 1/4 GAHC010151182025 2025:GAU-AS:9820 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2227/2025 ABDUR ROSHID ALIAS ROSHID MONDAL SON OF MD SAYED ALI, R/O VILLAGE MANASH CHALAPARA, P.S. LAKHIPUR, DIST. GOALPARA, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. M I HUSSAIN, MR. N ISLAM Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 30-07-2025 Heard Mr. M.I. Hussain, learned counsel for the petitioner. Also heard Mr. K.K. Parashar, learned Additional Public Prosecutor, Assam. 2. This application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, Page No.# 2/4 2023 has been filed by the petitioner, namely, Abdur Roshid @ Roshid Mondal, who has been detained behind the bars since 17.05.2025 (for last 75 days) in connection with Lakhipur Police Station Case No. 66/2025 under Sections 152/196(1)/197(1)/113(3)/299 of the Bharatiya Nyaya Sanhita, 2023, read with Section 66 of the IT Act. 3. The gist of accusation in this case is that on 08.05.2025, one Jugal Das, had lodged an FIR before the Officer-In-Charge of Lakhipur Police Station, inter- alia, alleging that an information was received from Cyber Cell, Goalpara regarding uploading of an objectionable post “PAKISTAN ZINDABAD, I LOVE PAKISTAN” in the social media platform-Facebook by the present petitioner. 4. Learned counsel for the petitioner submits that mere uploading of alleged Facebook post does not constitute an offence under Section 152 of BNS. Learned counsel for the petitioner also submits that if the offence under Section 152 of BNS is left apart, the other offences enrolled in this case provides maximum period of detention for 60 days only. He further submits that the mobile phone of the petitioner was with the divorced wife of the petitioner and he had not posted the said post in his Facebook account. He further submits that the petitioner has been languishing behind the bars for last 75 days and considering the period of detention, he may be allowed to go on bail. 5. On the other hand, learned Additional Public Prosecutor has opposed the grant of bail to the petitioner and has produced the Case Diary of Lakhipur Police Station Case No. 66/2025. He has submitted that there are materials to indicate that the Facebook post was uploaded from the account of the present petitioner. However, he submits that investigation has fairly progressed in this Page No.# 3/4 case. 6. I have considered the submissions made by both sides and have gone through the Case Diary which was produced before this Court by learned Additional Public Prosecutor. It appears that the petitioner has been detained behind the bars for last 75 days and considering the nature of accusation, the said period appears to be enough to make substantial progress in the investigation. This Court at this stage does not intend to make any observations regarding the fact that as to whether any offence has been committed under Section 152 of BNS in this case or not, though, prima facie, it appears that the ingredients of the said offence are lacking in this case. 7. Be that as it may, considering the period of detention undergone by the petitioner (75 days), this Court is of the considered opinion that if the petitioner cooperates in the investigation, his further custodial interrogation may not be necessary for fair completion of investigation. 8. In view of the above, the above-named petitioner is allowed to go on bail of Rs.30,000/-(Rupees Thirty Thousand only) with one suitable surety of like amount, subject to the satisfaction of the learned Chief Judicial Magistrate, Goalpara with following conditions that:- (i) the petitioner shall appear before the Investigating Police Officer as and when called for and shall co-operate with the investigation; 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. Page No.# 4/4 9. This Bail Application is accordingly disposed of. 10. Send back the Case Diary. JUDGE Comparing Assistant