Page No.# 1/3 GAHC010044522025 2025:GAU-AS:3374 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/511/2025 ALTAP HUSSAIN @ ALTAF HUSSAIN S/O-ROFIKUL ISLAM VILL- BARAIBARI Pt. V, P.O-BORAIBARI. P.S- GAURIPUR.DIST- DHUBRI, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. A T SARKAR, Advocate for the Respondent : PP, ASSAM, BEFORE HON’BLE MR. JUSTICE MANASH RANJAN PATHAK ORDER 25-03-2025 Heard Mr. A. T. Sarkar, learned counsel for the petitioner and Mr. M. P. Goswami, learned Additional Public Prosecutor, Assam for the State. 2. Apprehending his arrest, the petitioner, namely, Altap Hussain @ Altaf Hussain, son of Rofikul Islam, resident of village-Baraibari Pt-V, Police Station-Gauripur, District-Dhubri has Page No.# 2/3 filed this application under Section 482 BNSS, 2023, praying for his pre-arrest bail in Gauripur Police Station Case No. 50/2025 corresponding to G.R. No. 165/2025 registered under Section 196(2) BNS, 2023. 3. The complainant lodged the FIR before the Gauripur Police Station on 04.02.2025 stating that the petitioner in a news portal, namely, Prime Time National while singing a song, mentioned the name of one Scientist, Dr. Faizuddin Ahmed alleging him to be from Miah community and broadcasted the same in his said news portal. The said Scientist when came to know about it, requested the petitioner to remove his name from the said alleged song broadcasted in his news portal, to which, the petitioner did not pay any heed. Thereafter, the said Scientist informed the complainant, who is the Secretary of an organization in the District of Dhubri about such act of the petitioner. In the said FIR dated 04.02.2025, lodged by the complainant, accusation against the petitioner is that by such an act the petitioner is trying to create enmity and hostility in the local people of the State and other community living together. Accordingly, said FIR of the complainant was registered as Gauripur P.S. Case No. 50/2025 corresponding to G.R. No. 165/2025 under Section 196(2) BNS, 2023. 4. By order dated 05.03.2025 while the case diary was called for, the petitioner was granted interim pre-arrest bail in said Gauripur P.S. Case No. 50/2025. 5. From the case diary placed before the Court by Mr. M. P. Goswami, learned Addl. PP, it is seen that the petitioner appeared before the concerned Investigating Officer of said Gauripur P.S. Case No. 50/2025 on 08.03.2025 and his statement has been recorded. 6. From the case diary it is also seen that the petitioner admits his guilt and said sorry for such act. 7. Considering such materials in the case diary, this Court is of the view that custodial detention of the petitioner is not warranted for investigation of said Gauripur P.S. Case No. 50/2025 and as such, this pre-arrest bail application of the petitioner in said Gauripur P.S. Case No. 50/2025 is accepted. 8. Accordingly, the interim pre-arrest bail granted to the petitioner, namely, Altap Hussain @ Altaf Hussain, son of Rofikul Islam on 05.03.2025 in said Gauripur P.S. Case No. 50/2025 corresponding to G.R. No. 165/2025 registered under Section 196(2) BNS, Page No.# 3/3 2023, is hereby made absolute, subject to the compliance of the terms and conditions as specified in the order dated 05.03.2025. 9. This pre-arrest bail application accordingly stands disposed of. 10. Return the case diary herewith. JUDGE Comparing Assistant