Page No.# 1/4 GAHC010253532025 2025:GAU-AS:16603 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3700/2025 HABEZ UDDIN ALIAS HAFEZ UDDIN S/O SHAHA ALOM SK. VILL BHELANGAMARI PS FAKIRGANJ DIST DHUBRI ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. A Z AHMED, MR. M HOQUE,MR. A KHALEK Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER 03.12.2025 Heard Mr. A.Z. Ahmed, learned counsel appearing for the accused – applicant. Also heard Mr. P. Borthakur, learned Additional Public Prosecutor, State of Assam. 2. This application has been filed under Section 483 of the BNSS, 2023 for granting bail to the accused – applicant, namely, Habez Uddin @ Hafez Uddin in Page No.# 2/4 connection with Mankachar P.S. Case No. 138/2025 under Sections 77/351/356 of the BNS, 2023 read with Sections 43(a)/66/66-C/66-D/67/67-A of the IT Act. 3. The gist of the allegation is narrated in the FIR dated 25.10.2025 lodged by the informant alleging that the accused – applicant after hacking her instagram / facebook account had uploaded certain objectionable materials relating to the informant. It was also alleged that the accused – applicant was a classmate of the informant and during that time, they took some photographs and those photographs have been morphed by the accused – applicant and thereby, blackmailing the informant and her family of posting those personal content on social media. On receipt of the FIR, the O/C of the Mankachar Police Station has registered a case being Mankachar P.S. Case No. 138/2025 under Sections 77/351/356 of the BNS, 2023 read with Sections 43(a)/66/66-C/66- D/67/67-A of the IT Act. The accused – applicant was accordingly arrested on 26.10.2025 and since then, he is behind the bars. 4. The learned counsel appearing for the accused – applicant submits that all the Sections under which the aforesaid case was registered against the accused – applicant are bailable except Section 67A of the IT Act. He submits that from the allegations made in the FIR as well as the Forwarding Report, it does not transpire any offence under Section 67A of the IT Act. He submits that the accused applicant was arrested on 26.10.2025 and he is already behind the bars for the last 36 days. He prays that taking into account the aforesaid materials as well as the length of detention, the bail of the accused – applicant should be granted. 5. Mr. P. Borthakur, learned Additional Public Prosecutor, Assam has produced the Case Diary before this Court and submits that there are incriminating materials against the accused – applicant. Therefore, at this stage, the accused Page No.# 3/4 – applicant should not be released on bail. 6. This Court has gone through the Case Diary as well as materials brought before this Court. Upon perusal of the materials, this Court is of the opinion that prima facie no offence could be established against the accused – applicant of committing any offence under Section 67A of the IT Act. Being so, taking into account of the length of detention, this Court is of prima facie opinion that justice will be met if the accused – applicant is released on bail at this stage with certain strict conditions. 7. Therefore, the above named accused – applicant is directed to be released forthwith on furnishing a bail bond of Rs. 30,000/- (Rupees Thirty Thousand) with one surety of like nature to the satisfaction of the learned Court of Chief Judicial Magistrate, South Salmara - Mankachar, subject to the following conditions: - (i) That the accused-applicant shall appear before the Trial Court as and when required; (ii) The accused-applicant shall not leave the jurisdiction of the Mankachar Police Station without prior permission from the learned Court of Chief Judicial Magistrate, South Salmara - Mankachar; (iii) The accused – applicant shall not try to get in touch with either the informant or her family members in any way, whatsoever, during the trial of the case; (iv) The accused-applicant shall not try to hamper or tamper with any evidence or influence any witnesses connected with the case. 8. Accordingly, the instant bail application is disposed of as allowed. Case Page No.# 4/4 Diary so received to be sent back. JUDGE Comparing Assistant