Page No.# 1/3 GAHC010029932025 2025:GAU-AS:2226 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./372/2025 MANDIT SAIKIA S/O SRI BIMAL SAIKIA, RESIDENT OF VILLLAGE BORIGAON, PO AND PS GOHPUR, DIST BISWANATH, ASSAM 784168 VERSUS THE STATE OF ASSAM REPRESENTED BY PP ASSAM Advocate for the Petitioner : MR. L N DIHINGIA, MR. A K SAHU,MR A BARUAH Advocate for the Respondent : PP, ASSAM, BEFORE HON’BLE MR. JUSTICE MANASH RANJAN PATHAK 04/03/2025 Heard Mr. L N Dihingia, learned counsel for the petitioner and Mr. B Sarma, learned Additional Public Prosecutor, Assam for the State respondent. 2. This application under Section 483 of BNSS, 2023 has been filed by the petitioner, namely, Mandit Saikia, son of Sri Bimal Saikia, resident of Village-Borigaon, P.S. Gohpur, District-Biswanath, seeking bail in Gohpur P.S. Case No. 16/2025 registered under Sections 77/296/308(2)/308(3)/ Page No.# 2/3 3(5) BNS, wherein he was arrested on 08.02.2025 and is in custody since then. 3. As per the FIR dated 07.02.2025 lodged by the informant, the case is that the petitioner along with two of his colleagues on 24.01.2025 secretly captured the intimate videos of the informant and his girlfriend and had taken away two mobile phones and Rs.3000/- from them and also demanding money by threatening him to share the said videos in the social media and thereby harassing him since then demanding more money in the guise of sharing the said videos in the social media. Accordingly, Gohpur P.S. Case No. 16/2025 under Sections 77/296/308(2)/308(3)/3(5) BNS was registered. 4. The said three accused persons including the petitioner were arrested on 08.02.2025 and are in custody since then. Petitioner stated that he is a B.A. 1st Year student under the Gauhati University and studying at Kalabari College, Kalabari, Sonitpur and considering his detention in custody since 08.02.2025, he should be considered for bail. 5. Perused the case diary placed before the Court today by Mr. Sarma, learned Additional Public Prosecutor, Assam. 6. On perusal of the case diary, it is seen that the petitioner along with the other co-accused arrested in the case, who were apprehended by the friends of the informant have admitted their guilt. In the meanwhile, police have already seized the mobile phones of the petitioner and the other two accused persons of the case and forwarded the same to the FSL on 01.03.2025 for its examination and necessary report. 7. Considering the materials in the case diary and the age of the petitioner of 19 years and as the mobile phone of the petitioner has already been seized, this Court is of the view that further custodial detention of the petitioner, named above, is not warranted to investigate the said Gohpur P.S. Case No. 16/2025. As such, this bail application of the petitioner in said Gohpur P.S. Case is accepted. 8. Accordingly, the petitioner, namely, Mandit Saikia, be released on bail in said Gohpur P.S. Case No. 16/2025 registered under Sections 77/296/308(2)/308(3)/3(5) BNS, on furnishing a bail bond of Rs.50,000/- with 2 (two) local sureties each of the like amount, one of which shall be a Government employee, either State or Central Government, to the satisfaction of the learned Sub- Divisional Judicial Magistrate, Gohpur, on conditions that the petitioner – (i) shall appear before the Page No.# 3/3 Investigating Officer of said Gohpur P.S. Case No. 16/2025 as and when he is required in the said Gohpur P.S. case; (ii) shall not leave the territorial jurisdiction of Gohpur Police Station, without obtaining prior written permission from the concerned Investigating Officer of the case; (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 involve himself in any criminal activities and (vi) shall not upload the intimate photographs/videos of the informant and his girlfriend by himself or by anyone else acting on his behalf that he along with his friends, i.e., the other two arrested accused persons of the case allegedly captured in their mobile phones which has now been seized by police. 9. Violation of any of the aforesaid conditions by the petitioner, the bail granted to him in the aforesaid Gohpur P.S. Case No. 16/2025 shall stand automatically vacated. 10. This bail application accordingly stands allowed to the extent above. 11. Return the case diary. JUDGE Comparing Assistant