Page No.# 1/3 GAHC010173172025 2025:GAU-AS:11436 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2563/2025 JATIN DIHINGIA SON OF SRI SAMPURAM DEHINGIA RESIDENT OF RATANPUR, SOGUNESWA NO. 2 P.S. TINGKHONG DIST. DIBRUGARH, ASSAM PH. NO. 8134956768 VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR R K DUTTA, MR. U J SAIKIA Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER 27.08.2025 1. Heard Mr. U. G. Saikia, learned counsel appearing for the accused petitioner as well as Mr. K. K. Das, learned Additional Public Prosecutor, Assam. 2. By this petition under Section 483 BNSS, the accused-petitioner, namely, Jatin Dihingia, who was arrested on 14.01.2025 in connection with Nalbari PS Case No. 212/2025 under Section 113(3)/147/148 BNS, 2023 read with Section 66(D) of the Information Technology Act, 2000 read with Section 10/18 of Page No.# 2/3 the Unlawful Activities (Prevention) Act, 1967. 3. On 30.06.2025, one Inspector, Pawan Kalita lodged an FIR before the officer-in- charge of Nalbari police station, alleging that the petitioner is a former ULFA member and is operating a fake Facebook account to communicate with Ex-SULFA members and spread extremist ideologies. Based on the FIR , Nalbari PS Case No. 212 was registered. 4. Having heard the learned counsel for the petitioner and learned Additional Public Prosecutor, it appears to be an admitted fact that the present petitioner was operating the Facebook account of Lohit Gogoi who is his own nephew. The accused is a surrendered ULFA cadre and the allegation is that by using the Facebook account of his nephew, the accused sent friend request to various people including around 14 surrendered ULFA members who were his batch mates during training and surrendered at the same time. Whether he was conspiring with the said individuals for carrying out subversive activities was the subject of investigation. 5. Learned Additional Public Prosecutor has not been able to point out any such content from the Facebook account which would reveal any such conspiracy. It also appears from the case diary that the mobile phones of the accused were seized and sent for CDR analysis but no evidence of contact with ULFA or SULFA elements have been found. Therefore, from the case diary itself, it appears that there is no material whatsoever to justify the continued detention of the accused petitioner in custody. 6. Learned Additional Public Prosecutor has submitted that the petitioner has previous criminal antecedents but the same is not sufficient ground to justify further detention of the petitioner in the present case in the absence of incriminating materials. 7. Although, Section 18 of UAP Act has been incorporated in the FIR, the bar imposed by Section 43D(5) of the UAP Act is overcome in the present case due to Page No.# 3/3 absence of the requisite material against the petitioner. 8. Accordingly, it is provided that the accused petitioner, named above, shall be released on bail of Rs.50,000/- (Rupees Fifty Thousand) with two sureties of like amount to the satisfaction of learned Chief Judicial Magistrate, Nalbari subject to the following condition- i) That the accused petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court. 9. Return the case diary. 10. The bail application stands disposed of. JUDGE Comparing Assistant