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2025 DAILYLAW 24689 (GAU)

MD INAMUL ISLAM v. THE STATE OF ASSAM

Bail Appln./3828/2025 · 2025-11-27

Rajesh Mazumdar

body2025

Judgment text

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Page No.# 1/3 GAHC010263422025 2025:GAU-AS:16302 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3828/2025 MD INAMUL ISLAM S/O- MD. MOJIBUR RAHMAN R/O- AHMEDPUR BLOCK, P.S. BIHPURIA DISTRICT- LAKHIMPUR, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR M H AHMED, I AMIN Advocate for the Respondent : PP, ASSAM, BEFORE HON’BLE MR. JUSTICE RAJESH MAZUMDAR ORDER 28.11.2025 Heard Mr M H Ahmed, learned counsel appearing for the petitioner. Also heard Mr K K Parashar, learned Additional Public Prosecutor for the State. 2. This is an application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for granting bail to the petitioner, namely, Md Inamul Islam, in connection with Page No.# 2/3 Laluk PS Case No. 229/2025, under Section 152 of the Bharatiya Nyaya Sanhita, 2023, read with Section 67 of the Information Technology Act, 2000. 3. It appears from the FIR that the allegation against the petitioner is that he made a comment i.e. “hatya, xontrax, vote chur xokolu byobohar kori ahise gaadi rokhyar babe. Biharot kailoi dwitiyo porjyayor vote grohon hobo nohoy” in response to a news regarding the recent bomb blast that took place in Delhi near the Red Fort on 10th of November, 2025, at about 06:52 pm IST, which led to the killing of 13 people and injuring more than 20. 4. It is also stated in the FIR that such activities indicate his intent to promote enmity between different groups within the society, which may cause communal tension and disturbances, thereby endangering the sovereignty and integrity of India. The content has the potential to incite communal violence and provoke separatist sentiments among the public. 5. The petitioner was arrested on 13.11.2025 and he spent about 13 days behind the bars. 6. The learned counsel for the petitioner has submitted that the other accused persons on similar offences have been granted bail by this Court and he has referred to the orders passed by a coordinate Bench of this Court in (i) Bail Application No. 3767/2025 (Rakibul Sultan –Vs- The the State of Assam); disposed of on 24.11.2025, and (ii) Bail Application No. 3757/2025 (Enamul Haque –Vs- the State of Assam), disposed of on 25.11.2025. 7. Having regard to the nature of the allegation and the period of detention, also having due regard to the opinion that the informant has expressed above, the prayer for bail is allowed. 8. Accordingly, the petitioner named above shall be released on bail on furnishing a bail bond of Rs. 50,000/- with two surety of the like amount to the satisfaction of the Page No.# 3/3 learned Chief Judicial Magistrate, North Lakhimpur, Lakhimpur, Assam in connection with the aforesaid case. 9. It is further provided that the petitioner shall co-operate with the investigation and shall not try to influence the witnesses or tamper with the evidence. It is also provided that the petitioner shall not leave the District without prior permission of the learned Chief Judicial Magistrate, North Lakhimpur, Lakhimpur,, Assam. 10. The Bail Application stands disposed of. JUDGE Comparing Assistant