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2025 DAILYLAW 18047 (GAU)

CHAYAN ROY v. THE STATE OF ASSAM

Bail Appln./2760/2025 · 2025-09-01

Mridul Kumar Kalita

body2025

Judgment text

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Page No.# 1/4 GAHC010186872025 2025:GAU-AS:11809 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2760/2025 CHAYAN ROY SON OF LT. BACHU ROY R/O LALA 2ND, WARD NO. 8, P.S. LALA DIST. HAILAKANDI, ASSAM PIN-788163 VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MS. T SOM, MS. U HAZARIKA Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 02.09.2025 1. Heard Ms. T. Som, the learned counsel for the petitioner. Also heard Mr. B. Sarma, the learned Additional Public Prosecutor appearing for the State of Assam. Page No.# 2/4 2. This application under Section 483 of the BNSS, 2023 has been filed by the petitioner, namely, Sri Chayan Roy who has been detained behind the bars since 20.07.2025(for the last 43 days) in connection with CID Cyber P.S. Case No. 5/2025 under Sections 308(2)/351(4)/3(5) of BNSS, 2023 read with Section 67(A)/66(D) of IT Act, 2000. 3. The gist of accusation in this case is that on 04.04.2025, the victim girl had lodged an FIR before the Officer-in-Charge of CID Cyber Police Station, inter alia, alleging that the informant came in contact with the petitioner through social media platform, i.e., facebook in the month of January, 2025 and thereafter, they developed a romantic relationship. 4. It is alleged in the FIR, after a few days the petitioner told the informant that he had received some messages from unknown facebook account of one Alauddin Ahmed, where he has threatened of vulgar and off seen video of the petitioner and the informant in compromising position in the social media and asked for amount of Rs. 3,00,000/- (Rupees Three Lakhs only). 5. It is alleged in the FIR that accordingly the informant took loan from Muthoot finance company and paid Rs. 1.2 lakhs to the petitioner for paying the same to the blackmailer. 6. It is alleged in the FIR that on several occasions, the petitioner told the informant regarding the threat by different persons of uploading the off seen video of the informant and the petitioner demanding money in lieu of that. 7. The learned counsel for the petitioner has submitted that the petitioner is approaching this Court for the second time. She submits that his earlier application for bail was dismissed on 08.08.2025 (Bail Application No. 2442/2025). Page No.# 3/4 8. She also submits that nothing has been uploaded in the social media, though the accusation has been made against the petitioner of uploading the indecent photographs of the informant in the social media. 9. She also submits that considering the period of detention undergone by the petitioner, he may be allowed to go on bail, as by now the investigation might have progressed substantially. 10. On the other hand, the learned Additional Public prosecutor has produced the Case Diary of CID Cyber P.S. Case No. 5/2025 and has submitted that though there are sufficient materials against the petitioner in the Case Diary, the investigation has fairly progressed by now. 11. I have considered the submissions made by the learned counsel for both sides and have gone through the Case Diary of CID Cyber P.S. Case No. 5/2025. 12. Considering the progress made in the investigation as well as the period of detention already undergone by the petitioner, this Court is of considered opinion that if the petitioner co-operates in the investigation, his further custodial detention may not be necessary for fair completion of the investigation of the above-mentioned case. 13. In view of the above, the above-mentioned 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, Kamrup (M) with following conditions:- (i) the petitioner shall appear before the Investigating Police Officer as and when so required and shall co-operate with the investigation; (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 Page No.# 4/4 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. 14. For the reasons aforesaid in this case, this bail application is accordingly disposed of. 15. Send back to the Case Diary. JUDGE Comparing Assistant