Page No.# 1/2 GAHC010218712025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3159/2025 SHRI SANAT CHOUDHURY SON OF LATE KANTESWAR CHOUDHURY, RESIDENT OF KHEKAPARA, P.S.- DHUPDHARA, DISTRICT- GOALPARA, ASSAM VERSUS STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR S P DAS, MS C BORA,MS. S BAISHYA Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 25.09.2025 1. Heard Mr. S. P. Das, learned counsel for the petitioner. Also heard Mr. K. K. Parasar, learned Additional Public Prosecutor for the State. 2. The application under Section 483 of BNSS 2023, has been filed by the petitioner, namely, Shri Sanat Choudhury, who has been detained behind the bars since 30.08.2025 in connection with Dhupdhara P.S. Case No. 43/2025 under Sections 61(2)/351(2)/79 of BNS read with Section 67 of the IT Act. 3. The learned counsel for the petitioner has submitted that the offence under which this case has been registered are bailable, however, the Court of the learned Judicial Magistrate First Class, Goalpara while rejecting the application for bail by its Page No.# 2/2 order dated 01.09.2025 passed in Dhupdhara P.S. Case No. 43/2025 has ignored the said fact. 4. The learned counsel for the petitioner has submitted that the offence under Section 67 of the IT Act is punishable with imprisonment which may extent to three years for the offence committed for the first time. He also submits that as per Section 77B of the IT Act, all the offences under the said Act where the prescribed punishment is upto three years are to be bailable. The learned counsel for the petitioner has submitted that the other offences under Indian Penal Code which are involved in this case are also bailable. 5. The learned Additional Public Prosecutor has fairly submitted that the offences involved in this case are bailable. 6. In view of the fact that this case has been registered under bailable offence, the petitioner has right to go on bail. 7. Accordingly, the above named petitioner is allowed to go on bail of Rs.30,000/- (Rupees Thirty Thousand) only with one surety of like amount subject to the satisfaction of the learned Elaka Magistrate with following conditions:- (i) That the petitioner shall not directly or indirectly make any inducement, threat or promise to any person who may be acquainted with the facts of the case so as to dissuade such person from disclosing such facts of the case before the Investigating Officer or before the Court; (ii) That the petitioner shall co-operate in the investigation; 8. This bail application is accordingly disposed of. JUDGE Comparing Assistant