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2025 DAILYLAW 19174 (GAU)

ASIF EKBAL HUSSAIN v. THE STATE OF ASSAM

FA(OS)/3006/2025 · 2025-09-25

Sanjeev Kumar Sharma

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/2 GAHC010205762025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3006/2025 ASIF EKBAL HUSSAIN S/O ABDUL BATEN VILLAGE - ANANDAPUR, MAJGAON, P.S.- PATACHARKUCHI, DISTRICT - BAJALI, ASSAM VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. N UDDIN, MR S K CHHETRY,MR. M ISLAM Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER Date : 26 .09. 2025 Heard Mr. N. Uddin, learned counsel for the petitioner and Mr. B. Sarma, learned Addl. PP for the State respondent. This application has been filed by the petitioner namely, Asif Ekbal Hussain under Section 483 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, seeking bail in connection with Pathsala P.S. Case No. 62/2025 under Sections 318(2)/ 351(2)/ 77 of BNS, 2023, read with Sections 66(E)/ 67(A) of I.T. Act . As per the allegation, the petitioner entered into a relationship with the complainant under false pretence and secretly took screen short of her private Page No.# 2/2 photographs in WhatsApp without her consent and thereafter used to threaten her when the she broke up the relationship and subsequently he uploaded her obscene images in the Instagram. Case diary is received and perused. Although, there are incriminating materials against the petitioner, the offence in respect of which, the case has been registered is Magistrate triable. The statutory period is 60 days and today 59 days have been completed and since the C.D. is pending before this court and having regard to the progress of investigation it is unlikely, the I.O. would submit charge sheet by tomorrow after which date the petitioner would be entitled to default bail. Having regard to the above, the petitioner named above is allowed to go on bail. Accordingly, the petitioner be released on bail on furnishing a bond of Rs. 50,000/- (Rupees fifty thousand) with two sureties each of the like amount to the satisfaction of the learned Eleka Magistrate in connection with the aforementioned case. It is further provided that the petitioner shall not try to influence the complainant and other witnesses in any manner and shall cooperate with the investigation as and when required. In terms of the above, this bail application stands disposed of. Return the case diary. JUDGE Comparing Assistant