Page No.# 1/4 GAHC010228402025 2025:GAU-AS:13837 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3313/2025 SEKH ABDUL FIRUZ SON OF LATE ABBAS ALI R/O CHANGSARI, P.S. CHANGSARI DIST. KAMRUP, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR S M ABDULLAH P, MS S ABDULLAH,MR. S HAQUE Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER Date : 16.10.2025 Heard Mr. A. Choudhury, learned counsel appearing on behalf of the accused- applicant. Also heard Ms. A. Begum, learned Addl. Public Prosecutor, representing the State respondent. 2. This is an application filed under Section 483 of the BNSS, 2023, praying for grant Page No.# 2/4 of bail to the accused-applicant in connection with Changsari P.S. Case No. 194/2025, registered under Sections 61(2)/147/148/152/196/197/353(3) of the BNS, 2023. 3. The gist of the allegation, as has been narrated in the FIR lodged on 28.09.2025 by one S.I., Shafiquel Islam Mazumdar of Changsari P.S., is that after the death of legendary singer Zubeen Garg, certain miscreants have tried to misuse his name in the guise of seeking justice and to create unrest in the society. It has been alleged that during the funeral of the said singer, certain untoward activities had took place at Baihata and some planning was also done at Changsari to create disturbances in the locality. It was further alleged that the accused-applicant is a member of a WhatApp group wherein some messages have been posted by the participants of the group which had the potential of creating disturbances in the society and could have adversely affected governance in the State. 4. Taking reference from a message posted in the aforesaid WhatsApp group, which reads as “Dadar eta kotha monot rakhiba xokoluye….je Ami Notun projonmo hoi, Issa korile dekh banabou paru ru dekh jolabou paru”, it was alleged that the action of the youths participating in the group were to provoke the members of the group to overthrow the government, as it was done in Nepal. Consequently, in response to this aforesaid allegation, a case was registered as Changsari P.S. Case No. 194/2025, under Sections 61(2)/147/148/152/196/197/353(3) of the BNS, 2023 and thereafter, the police started investigation. 5. The accused-applicant was called for by the police on 28.09.2025 for interrogation and on the very same date, the police arrested him and since then he is behind the bar. 6. The learned counsel for the accused-applicant submits that the accused-applicant was, in fact, added to the aforesaid WhatsApp group by a person named Rakesh Ahmed and he was also made an Admin. of the group. He submits that though he was added in the group, he did not post a single message which could be termed as against the government or provoking the citizens or participants in the group to create any Page No.# 3/4 disturbances in the State. He submits that in fact, he posted a message which made it clear that no provoking message in the name of religion or caste should be posted in the group. He submits that the aforesaid message clearly mentioned that if somebody posts any message relating to religion, caste etc., whereby trying to provoke the members of the group on the basis of caste and religion, to leave the group immediately. He submits that the message also reveals that the group was specifically made to seek justice for the singer late Zubeen Garg. He submits that the accused-applicant is the Principal of Rupkonwar Academy, a Higher Secondary School, located at Changsari, Kamrup, Assam and prior to his joining as Principal in the school, he was a practising Advocate. He submits that the accused-applicant is a responsible citizen and he has not posted or involved in any kind of disturbances of public peace as alleged in the FIR. In view of the aforesaid, the learned counsel prays that the accused-applicant should be allowed to go on bail. 7. On the other hand, the learned Addl. P.P. submits that the accused-applicant may not be granted pre-arrest bail at this stage, without perusing the Case Diary as there are allegations against him. 8. This Court has heard the submissions advanced by the learned counsels appearing for the respective parties as well as perused the materials brought before this Court. 9. After hearing the submissions of the counsels, this Court is of the opinion that apparently, the accused-applicant was added in the WhatsApp group by somebody else and he was not the creator of the group and in fact, he has posted the message in the group that no provocative message should be posted in the group. This aspect makes it clear that the accused-applicant did not have any intention to create untoward incident or create disturbances in the society by being part of the WhatsApp group. It is also seen that the accused-applicant has already spent 19 days inside the jail, therefore, this Court is of the opinion that further custodial detention of the accused-applicant may not be necessary at this stage, for the purpose of investigation. In view of the aforesaid, in the Page No.# 4/4 event of arrest of the accused-applicant, he shall allowed to go on bail on furnishing a bail bond of Rs. 30,000/- (Rupees Thirty Thousand only), with one surety of the like amount to the satisfaction of the Chief Judicial Magistrate, Kamrup, Guwahati. 10. It is made clear that the accused-applicant shall co-operate with the Investigating Authority and he shall appear before the Investigating Officer as and when called for. 11. With the above observations and directions, the instant bail application is disposed of as allowed. JUDGE Comparing Assistant