Page No.# 1/3 GAHC010001222025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./59/2025 SHARIFUL ALI @ SHARIFUL SHEIKH S/O HARMUJ ALI R/O VILL- CHIKIBIKI, P.S. AND DIST. BONGAIGAON, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. M KHAN, MS J AKTAR,MR A K DAS Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE MALASRI NANDI ORDER 27.01.2025 Heard Mr. M. Khan, learned counsel appearing for the accused petitioner as well as Mr. D. P. Goswami, learned Addl. P.P., Assam appearing for the State respondent. By filing this petition under Section 483 of the BNSS, 2023 the accused- petitioner, namely, Shariful Ali @ Shariful Sheikh, has prayed for grant of bail in connection with Bongaigaon P.S. Case No.403/2024 under Sections 376 IPC read with Section 66(E)/67(A) of the Information Technology Page No.# 2/3 Act. The FIR has been lodged with an allegation of an incident prior to two years that one Shahanur Ali has committed bad act with the informant/victim and also kept the video and threatened that if she disclosed the fact, he will make viral of the video. Subsequently, after two years the same accused Shahanur along with the present petitioner, Shariful Ali came to the informant with bad proposal and when she did not agree, the video was made viral. It is submitted by the learned counsel for the petitioner that there is no allegation against the present petitioner that he had committed any such bad act with the informant, as such Section 376 is not attracted against the present petitioner. Considering the allegation spelt out against the petitioner, the petitioner may be enlarged on bail who is in custody for last 29 days since his arrest on 29.12.2024 Mr. D. Das, learned Additional Public Prosecutor has produced the case diary and submitted that no such allegation made against the petitioner for commission of the offence under Section 376 IPC. The only allegation made against the petitioner is that he made a bad proposal to the victim. In view of the submission of learned counsel for both the parties and considering the background of the case, this Court is of the view that further custodial interrogation of the accused-petitioner is not necessary in the interest of investigation of the case. Accordingly, it is provided that the accused petitioner, named above, shall be released on bail of Rs.50,000/- (Rupees Fifty Thousand) with one suitable surety of like amount to the satisfaction of learned Chief Judicial Magistrate, Bongaigaon. Page No.# 3/3 The direction for bail is further subject to the conditions that the accused- petitioner: (a) shall not leave the territorial jurisdiction of learned Chief Judicial Magistrate, Bongaigaon, without prior written permission from him/her. (b) shall not hamper with the investigation of the case and tamper with the evidence of the case; (c) 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 him from disclosing such facts to the Court or to any police officer. In terms of the above, this bail application stands disposed of. Return the case diary. JUDGE Comparing Assistant