Page No.# 1/5 GAHC010267902024 2025:GAU-AS:300 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3842/2024 MUNIR RAHMAN S/O SRI ABDUL MOTLIV RESIDENT OF NEAR HOLY NAME SCHOOL, HATIMURIA GAON, CHEREKAPAR, PS SIBSAGAR, OUTPOST CHEREKAPAR, DIST SIBSAGAR, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : J SINGPHO, MR. M BISWAS,A SAIKIA,A GHOSAL Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK ORDER 08.01.2025 Heard Mr. M Biswas, learned counsel for the petitioner and Mr. K K Parashar, learned Additional Public Prosecutor, Assam for the State. 2. By this application filed under Section 483 BNSS, 2023, the petitioner, namely, Munir Rahman, son of Shri Abdul Motliv, resident of village- Hatimuria Gaon, Cherekapar, Police Page No.# 2/5 Station-Sibsagar, District- Sibsagar is praying for his bail in All Women Police Station Case No. 49/2024, registered under Sections 318(4)/316(2)/351(2)/78(2) BNS, 2023 read with Section 67B of the Information Technology Act, 2000, corresponding to G.R. No. 5653/2024, wherein, he was arrested on 06.12.2024 and is in custody since then. 3. As per the FIR dated 24.09.2024, the case is that the complainant/informant on 24.09.2024 lodged a written Ejahar before the Officer-in-Charge of Women Police Station, Panbazar, Guwahati stating that she serving as District Quality Consultant with the National Health Mission, Assam and posted at Integrated District Commissioner Officer, Amingaon and residing at Uzanbazar, Guwahati alleging ongoing harassment, blackmail and fraudulent activities committed by the petitioner. It is stated by her that in May, 2023 the petitioner introduced himself to her misrepresenting that he is a single unmarried person, and as she is a divorcee he told her he has no problem for her being a divorcee leading to the development of a friendship. During the course of their interactions the petitioner confided to her about his financial hardship in his business and out of trust she extended financial help amounting to Rs. 17,00,000/- which she deposited into the account of the petitioners’ father as per his instruction. Later, she came to know that the petitioner deceived her as she found that he is still married with a family. On learning the said truth she immediately severed all her ties with him in April, 2024 and because of termination of their relationship she requested him to return her money. Father of the petitioner returned Rs. 5,00,000/- to her and remaining Rs. 12,00,000/- is yet to be refunded. As she has cut off all communication with the petitioner, he started blackmailing her by distributing compromising photographs and videos including her nude pictures to her family members and colleagues. In that regard on 02.09.2024, she lodged a formal written complaint with the Panbazar Women Police Station against the petitioner and when he was summoned by police for questioning he gave written assurance promising not to harass her and return her outstanding amount. But, the petitioner stalked her from her office to her P.G. at Uzanbazar and also stalked her to her office at Amingaon and again started threatening her sending private videos and pictures of her to her friend, her brothers and even to her father saying that using political force he will transfer her from present place of posting to remote area and used to send messages everyday threatening her that he will viral some of her more photos and videos. In that regard the Page No.# 3/5 complainant/informant submitted all the threatening messages sent by the petitioner to her threatening her to make viral and release her nude pictures and videos to her friends, colleagues and family members, which she could gather through True Caller as well as pendrive containing audio recordings. 4. Accordingly, said FIR dated 24.09.2024 was registered as All Women Police Station Case No. 49/2024 under Sections 318(4)/316(2)/351(2)/78(2) BNS, 2023 read with Section 67B of the Information Technology Act, 2000 and the petitioner was taken into custody on 06.12.2024. 5. Petitioner contended that the matter relating to the non-payment of the balance amount is a civil dispute which the complainant/informant tried to give a shape of criminal case and illegally case has been registered against him under Sections 318(4)/316(2) of the BNS, 2023. 6. It is stated on behalf of the petitioner that his father recently undergone bypass surgery at Dibrugarh Medical College and Hospital at Dibrugarh and he being the only son, he is required to look after his ailing father. 7. Considering his detention since 06.12.2024, it is submitted on behalf of the petitioner that his further custodial detention is not required and that he shall abide by any terms and conditions that may be imposed upon him while considering to grant him bail and release accordingly. 8. Perused the case diary placed before the Court today by Mr. K K Parashar, learned Additional Public Prosecutor, Assam. 9. Mr. Parashar, learned APP from the case diary submitted that the petitioner gave a false information pertaining to his address in Guwahati and when enquired, it was found that he was never a tenant in the house in the said address, that belongs to another. 10. Case diary also reveals that the mobile phone recovered from the possession of the petitioner contains numerous objectionable materials of the victim girl and further, another of his mobile phone was recovered from a mobile store in Guwahati which also contains objectionable materials against the victim. 11. Case diary also reveals that the petitioner mislead the police during investigation of the Page No.# 4/5 case. The seized substances from the petitioner along with his mobiles, SIM cards etc. have been forwarded to the FSL for necessary examination and report. 12. Case diary also reveals that the petitioner procured all the bank statements and credentials of the informant. 13. After considering the materials in the case diary and his detention since 06.12.2024, the Court is of the view that further custodial detention of the petitioner is not warranted for investigation of said All Women Police Station Case No. 49/2024. 14. Accordingly, the petitioner, namely, Munir Rahman, be released on bail in said All Women Police Station Case No. 49/2024 on furnishing a bail bond of Rs. 1,00,000/-, with 2(two) local sureties, each of the like amount, one of which shall be a government employee, either Central or State Government, to the satisfaction of the learned Chief Judicial Magistrate, Kamrup (Metro), subject to the conditions that the petitioner, named above- i) shall appear before the concerned Investigating Officer of said All Women Police Station Case No. 49/2024, as and when he is required for necessary investigation of the case; ii) shall not leave the territorial jurisdiction of All Women Police Station without obtaining prior written permission from the Investigating Officer of said All Women Police Station Case No. 49/2024; iii) shall not hamper with the investigation, or tamper with the evidence of the case; iv) shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case, so as to dissuade them from disclosing such facts to the Court or to any police officer; v) shall not threat, harass, disturb or stalk the complainant/informant of said All Women Police Station Case No. 49/2024, or anyone of her family members, by himself or by anyone acting on his behalf and shall never come to the vicinity of the complainant/informant of said All Women Police Station Case physically or by any other means, either through telephone, mobile, whatsapp or any other mode of Page No.# 5/5 communication personally or through others on his behalf and; vi) shall not involve himself in any criminal activities in the future. 15. Violation of any of the aforesaid terms and conditions by the petitioner, namely, Munir Rahman, son of Shri Abdul Motliv, the bail granted to him in said All Women Police Station Case No. 49/2024 shall stand automatically vacated. 16. This bail application accordingly stands allowed. 17. Return the case diary herewith. JUDGE Comparing Assistant