Page No.# 1/3 GAHC010156252026 2026:GAU-AS:10553 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2125/2026 SRI NIPUN TALUKDAR S/O DR. BHUPENDRA TALUKDAR R/O WARD NO. 3, SANTIPUR P.S.- PATHSALA, DIST- BAJALI ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM. Advocate for the Petitioner : MR. N K KALITA, Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER Date : 31.07.2026 Heard Mr. N.K. Kalita, learned counsel for the accused and Mr. P. Borthakur, learned Additional Public Prosecutor for the State respondent. 2. This petition, under Section 483, BNSS is preferred by accused, namely, Nipun Talukdar, who has been languishing in jail hazot in connection with Pathsala P.S. Case No. 71/2026, under Sections 152/353(2) of the BNS, 2023, Page No.# 2/3 for grant of bail. 3. It is to be noted here that the aforementioned case has been registered on the basis of an FIR lodged by ASI Kishor Kumar Sarma of Pathsala P.S. on 22.07.2026. The essence of allegation against the present accused is that he had uploaded objectionable, inflammatory and provocative post on his Facebook account, expressing his desire for a situation similar to the recent incidents in Sri Lanka, Myanmar, Nepal and Bangladesh to occur in India also. 4. Mr. Kalita, the learned counsel for the accused submits that the accused was arrested on 22.07.2026, and since then, he has been languishing in jail hazot for last 9 days. He further submits that the accused is a Veterinary Doctor and his father is also a Doctor, and though the case has been registered under Section 152/353(2) of the BNS, the same may not be attracted in this case, and that he is ready to cooperate with the investigating agency, and therefore, he has contended to allow the petition. 5. On the other hand, Mr. Borthakur, learned Additional Public Prosecutor has opposed the petition, on the ground that the post was provocative. 6. Having heard the submissions of learned Advocates of both sides, this Court has carefully gone through the petition and the documents placed on record, and also perused the Facebook post uploaded by the accused in his account, which is annexed with the petition as Annexure-5, at page No. 25. The said Facebook post reads as under: “Same situation huwatu Ontoror pora bisaru nohole aru “Democracy” gusi “Dictatorship” hoi ase.” 7. From a bare perusal of the aforesaid post, it cannot be said that the basic ingredients constituting the offence under Sections 152/353(2) of the BNS, Page No.# 3/3 2023, are made out. 8. In view of the above, and also considering the period of detention, this Court is of the view that further custodial detention of the accused person seems to be not warranted, in the interest of investigation. 9. Accordingly, this Court is inclined to allow the petition. It is provided that on furnishing a bond of Rs. 20,000/-, with one surety of like amount, to the satisfaction of the learned Chief Judicial Magistrate, Bajali, Pathsala, the accused be enlarged on bail. 10. In terms of above, this bail application stands disposed of. JUDGE Comparing Assistant