Page No.# 1/3 GAHC010167782025 2025:GAU-AS:11658 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2432/2025 ABDUL MATLEB SON OF ABDUL MASJID R/O VILL- GHORBITOR P.S. BISWANATH CHARIALI DIST. BISWANATH, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : A B T HAQUE, Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 29.08.2025 1. Heard Mr. ABT Haque, the learned counsel for the petitioner. Also heard Mr. K.K. Parasar, the learned Additional Public Prosecutor appearing for the State of Assam. Page No.# 2/3 2. This application under Section 483 of the BNSS, 2023 has been filed by the petitioner, namely, Abdul Matleb who has been detained behind the bars since 01.07.2025(for the last 59 days) in connection with Biswanath Chariali P.S. Case No. 105/2025 under Sections 61(2)/318(4)/316(2)/318(2) of BNS read with Sections 43/66/66C/66D of Information Technology Act, 2000. 3. The learned counsel for the petitioner has submitted that for all the offences involved in this case the maximum punishment prescribed in the statute is not more than 7(seven) and therefore, the maximum period of detention during investigation under Section 487 of the BNSS, 2023 is 60(sixty)days only. He submits that the petitioner has already completed 59(fifty-nine) days behind the bars and considering the period of detention, he may be allowed to go on bail. 4. On the other hand, the learned Additional Public Prosecutor has produced the Case Diary of Biswanath Chariali P.S. Case No. 105/2025 and has submitted that there are sufficient incriminating materials against the petitioner in the Case Diary. However, he also submits that the investigation has fairly progressed. 5. 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. Since the petitioner has completed 59(fifty-nine) days behind the bars and the investigation has fairly progressed. Hence, considering the period of detention as well as progress made in the investigation, 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 Chief Judicial Magistrate, Biswanath, Assam with following conditions that:- Page No.# 3/3 (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. 6. Send back the Case Diary. 7. With the above observations, this bail application is accordingly disposed of. JUDGE Comparing Assistant