Page No.# 1/4 GAHC010048942025 2025:GAU-AS:2790 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./665/2025 UBAIDUR RAHMAN S/O SARAFAT ALI, RESIDENT OF VILLAGE BARBHETI, PS DHING, DIST NAGAON, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP ASSAM Advocate for the Petitioner : MR A ISLAM, MR F HAQUE Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER Date : 17.03.2025 Heard Mr. F. Haque, learned counsel for the petitioner. Also heard Mr. R. J. Baruah, learned Additional Public Prosecutor for the State respondent. This is an application under Section 483 of BNSS, 2023 praying for grant Page No.# 2/4 of bail to the accused/petitioner, who has been arrested in connection with Dhing P.S. Case No. 56/2025, under Sections 64/296/351(3)/3(5) of BNS read with Section 67 of IT Act. Case Diary has been received. Perused the same. Heard both sides. It is submitted by Mr. Haque, learned counsel for the petitioner, that the present accused/petitioner is innocent and he has not committed any such offence as alleged in the F.I.R. However, it is a fact that the informant used to come to the grocery shop of the accused, purchased some household items and sometime she also used to take grocery items on credit. Subsequently, the informant and the accused developed relationship and she also used to call him through her mobile phone and thereafter, by capturing some nude photographs, she started blackmailing the present petitioner stating that she will make viral the photographs if he does not give her Rs. 6 Lakhs. After the said incident, his wife also lodged the F.I.R., which is already registered and the investigation is still under progress. He further submitted that only to blackmail and to extract money from the present petitioner, the informant lodged the present F.I.R. with some false and concocted stories. The accused/petitioner is behind the bar since 02.03.2024 and already co-operated the I.O. in the investigation of this case. However, he is still ready and willing to co-operate the I.O. in further investigation of this case if he is granted with the privilege of bail. Mr. Baruah, learned Additional Public Prosecutor, submitted in this regard that from the materials available in the Case Diary, i.e. from the statement of the victim as well as the other witnesses, it is seen that there is no evidence or Page No.# 3/4 allegation of making viral of photographs except some threatening on the part of the present petitioner. He further submitted that there was a physical relationship between the victim and the present petitioner, but from the materials, it seems that there is no allegation of any forceful sexual relationship; rather it was seem to be consensual. Considering the submissions made by the learned counsels for both sides and also considering the materials available in the Case Diary, I find that further custodial interrogation of the present accused/petitioner seems to be not necessary here in this case for the interest of investigation. Accordingly, it is provided that on furnishing a bond of Rs. 20,000/- (Rupees twenty thousand) only with one surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Nagaon, the accused/petitioner, namely, Ubaidur Rahman, be enlarged on bail, subject to the following conditions: (i) that the petitioner shall make himself available for interrogation by the Investigating Officer as and when required; (ii) that the petitioner 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; and Page No.# 4/4 (iii) that the petitioner shall not leave the jurisdiction of the learned Chief Judicial Magistrate, Nagaon, without prior permission. In terms of above, this bail application stands disposed of. JUDGE Comparing Assistant