Page No.# 1/4 GAHC010193382025 2025:GAU-AS:12587 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2901/2025 SRI APURBA DAS AND 2 ORS. S/O SRI MRIDUL DAS VILL- DUWARPAR P.S. PANIGAON DIST. LAKHIMPUR, ASSAM 2: SRI AMARJYOTI DAS S/O SRI PUSPA DAS VILL- DUWARPAR P.S. PANIGAON DIST. LAKHIMPUR ASSAM 3: SRI PRANJAL DAS S/O SRI ANIL DAS VILL- DUWARPAR P.S. PANIGAON DIST. LAKHIMPUR ASSA VERSUS THE STATE OF ASSAM AND ANR REP. BY THE PP, ASSAM 2:SRI MADHUKUMARI DAS D/O SRI PRANJAL DAS R/O VILL- DUWARGAONB P.S. PANIGAON DIST. LAKHIMPUR ASSA Advocate for the Petitioner : MR. B CHOWDHURY, Page No.# 2/4 Advocate for the Respondent : PP, ASSAM, MR. M H LASKAR( AMICUS CURIAE, R2) BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 15.09.2025 1. Heard Mr. B. Chowdhury, the learned counsel for the petitioners. Also heard Mr. B. Sarma, the learned Additional Public Prosecutor appearing for the State of Assam. 2. This application under Section 483 of the BNSS, 2023 has been filed by the petitioners, namely, (1) Sri Apurba Das, 2. Sri Amarjyoti Das and 3. Sri Pranjal Das, who have been detained behind the bars since 19.07.2025 in connection with Panigaon P.S. Case No. 46/2025 corresponding to G.R. No. 657/2025 under Section 14(1) of POCSO Act, 2012 read with Section 67(a) of I.T. Act, 2000. 3. The gist of accusation in this case is that on 19.07.2025, the mother of the victim girl had lodged an FIR before the Officer-in-Charge of Panigaon Police Station, naming 7(seven) accused persons in the FIR, including the present petitioners, inter alia, alleging that the accused persons, have by using Artificial Intelligence (AI) techniques have morphed the photographs of the daughter of the informant into obscene photos and have circulated the same through social media and made it viral. 4. The learned counsel for the petitioners has submitted that the petitioners received the photographs on their WhatsApp and they have forwarded the same. However, the photographs were not morphed/edited by them. It was done through AI techniques by some other persons. Page No.# 3/4 5. The learned counsel for the petitioners has submitted that the offence of Section 14(1)of the POCSO Act, 2012 is punishable for an imprisonment for first offence for 5(five) years only and for second offence may extend to 7(seven) years only. 6. He submits that in the instant case, there is no other criminal antecedents against the petitioners and, therefore, the offence alleged against them would be punishable for 5(five) years only and in such a case, the maximum period of detention during the period of investigation under Section 487 of the BNSS, 2023 would be 60(sixty) days only and the petitioners have already completed 59(fifty-nine) days and, therefore, he prays for allowing the petitioners to go on bail. 7. On the other hand, Mr. B. Sarma, the learned Additional Public Prosecutor has produced the Case Diary of Panigaon P.S. Case No. 46/2025 and submitted that there are sufficient incriminating materials against the petitioners on record of having circulated the morphed photographs of the victim girl in social media. He, however, submits that the investigation has fairly progressed. 8. Mr. M. H. Laskar, learned Amicus Curiae appearing for the respondent No. 2 has also submitted that the accusation made against the petitioners are grave in nature. However, he also submits that the fact that the petitioners are already detained behind the bars for the last 59(fifty-nine) days may go in their favour. 9. Considering the submissions made by the learned counsel for the parties as well as considering the progress in the investigation and the period of detention already undergone by the petitioners 59(fifty-nine) days, this Court is of the considered opinion that if the petitioners co-operates in the investigation, their further custodial interrogation may not be necessary for fair completion of Page No.# 4/4 the investigation of the Panigaon P.S. Case No. 46/2025. 10. For the aforesaid reasons, the above-mentioned petitioners are allowed to go on bail of Rs. 30,000/- (Rupees Thirty Thousand only) each with a suitable surety of like amount, subject to the satisfaction of the learned Special Judge, POCSO, Lakhimpur, North Lakhimpur with following conditions:- (i) the petitioners shall appear before the Investigating Officer and shall co-operate with the investigation; (ii) the petitioners 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. 11. This bail application is accordingly disposed of. 12. Send back to the Case Diary. JUDGE Comparing Assistant