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2026 DAILYLAW 11632 (GAU)

SANIDUL HOQUE v. THE STATE OF ASSAM AND ANR

Bail Appln./1622/2026 · 2026-08-02

Sanjeev Kumar Sharma

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010122412026 2026:GAU-AS:10684 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1622/2026 SANIDUL HOQUE S/O JAINAL ALI, VILL- KAWOIMARI 11 NO. BLOCK, P.S. SARTHEBARI, DIST. BARPETA, ASSAM. VERSUS THE STATE OF ASSAM AND ANR REP BY THE PP, ASSAM 2:SHARIFUL ISLAM S/O SHAJAHAN ALI VILL- KARAGARI P.S. PATACHARKUCHI DIST. BAJALI ASSAM Advocate for the Petitioner : MR. R ALI, MISS. S PARBIN,MR H A AHMED Advocate for the Respondent : PP, ASSAM, MS. T PARASHAR(AMICUS CURIAE, R2) BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER 03.08 . 2026 Heard Mr. H.A Ahmed, learned counsel for the petitioner and Mr. Ranjan Jyoti Baruah, learned Addl. Public Prosecutor, Assam for the State respondent. Page No.# 2/3 Ms. T. Parashar, learned Amicus Curiae appearing for the respondent No.2. 2. This bail application has been filed by the petitioner namely, Sanidul Hoque, under Section 483 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, seeking bail in connection with Patacharkuchi P.S. Case No. 64/2026 under Sections 79/ 296/ 251 (2), BNS read with Section 14 of POCSO Act and 67 (B) of IT Act. 3. The brief of the case: The brief of the case is that the complainant, namely Sariful Islam, S/o- Sajahan Ali, Vill-Karagari, P.S.-Patacharkuchi, Dist-Bajali, Assam, lodged an FIR at Bhawanipur OP stating that on the night of 05/05/2026, some unknown miscreants unlawfully collected photographs of the complainant's minor sister, namely Sahina Khatun, age 17 years as well as photographs of another minor girl of the same village, namely Sanjila Khatun, age 15 years daughter of Manowar Hussain, and by morphing the said photographs, created obscene/nude images. Thereafter, the accused person pasted the morphed nude photographs on walls and electric poles at Karagari Monabazar with the intention to defame and humiliate the victims. The complainant further stated that approximately three months prior to the occurrence, the unknown miscreants had made threatening phone calls from mobile numbers -9074677431 and 9101724890 to the complainant's father on his mobile number 9127181788 and threatened that if the complainant's sister did not obey their demands, they would make her photographs viral on social media. It is also alleged that the accused persons created WhatsApp groups using mobile number 9127153189 and circulated/uploaded the photographs of Sahina Khatun in the said groups. Hence, this case. Page No.# 3/3 4. It is submitted that the main accused of the case, Minha Uddin, has been granted bail vide order dated 08.07.2026 passed by the learned Sessions Judge, Bajali, a copy of which has been furnished. 5. It is further submitted that the present petitioner, who is a co-accused of the case, has already spent about 59 days behind bars and, accordingly, deserves to be released on bail on ground of parity. 6. Having perused the materials on record, it appears that the present petitioner stands more or less on the same footing as the main accused and is, therefore, also entitled to be released on bail on the principle of parity. Furthermore, the investigation of the case is also over. 7. On consideration of the above, the prayer for bail is allowed. The petitioner shall be released on bail on furnishing a bail bond of Rs. 50,000/- (Rupees Fifty Thousand only) with two sureties of the like amount to the satisfaction of the learned Sessions Judge, Bajali, Assam. 8. It is further provided that the petitioner shall cooperate with the trial and he shall not try to intimidate or influence any witnesses acquainted with the facts of this case, in any manner. 9. In terms of the above, this bail application stands disposed of. JUDGE Comparing Assistant