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2026 DAILYLAW 2635 (GAU)

REKHA BEGUM v. THE STATE OF ASSAM

Bail Appln./735/2026 · 2026-03-15

Rajesh Mazumdar

body2026

Judgment text

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Page No.# 1/3 GAHC010052212026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./735/2026 REKHA BEGUM W/O SUFITAR RAHMAN R/O KALITAKUCHI, HIRAJANI P.S. HAJO, DIST. KAMRUP, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. S M MOLLAH, MR. A E HUSSAIN,MR. S HAQUE Advocate for the Respondent : PP, ASSAM, B E F O R E HON’BLE MR. JUSTICE RAJESH MAZUMDAR ORDER 16.03.2026 Heard Mr. S.M. Mollah, learned counsel for the petitioner. Also heard Mr. RJ. Baruah, learned Addl Public Prosecutor, who has produced the Case Diary in Page No.# 2/3 this Bail Application filed under Section 483 of the BNSS, 2023. The petitioner in praying for bail in connection with Hajo P.S. Case No. 90/2026 under Section 61(2)/196(2)/353(1)(c)/352/299 of BNS, 2023. The petitioner was arrested on 10.03.2026. The learned counsel for the petitioner has submitted that the petitioner admits to making the statements alleged in the FIR in her facebook post and she is apologetic regarding the same and undertakes not to make anymore social media posts on the issue henceforth. The learned Addl. Public Prosecutor has submitted that the nature of the statements made in the social media posts was provocative and had the potential to lead to communal unrest. The learned Addl. Public Prosecutor has, therefore, opposed the bail petition of the petitioner. Having perused the Case Diary and also taking into account the fact that there was only one occasion where the petitioner had made a statement regarding a particular community, which she states was a retaliation to a provocative statement made to her on the social media, and also taking into consideration the fact that the minor children of the petitioner are appearing in the Final Board Examination of class-X, this Court is of the opinion that the Page No.# 3/3 petitioner may be granted a privilege of bail. Accordingly, it is directed that the petitioner shall be released on bail on furnishing a bond of Rs. 20,000/- with two sureties of the like amount, one of whom shall be a senior person having control over the activities of the petitioner, to the satisfaction of the learned JMFC, Hajo, Kamrup. The learned JMFC should be entitled to impose such conditions as he deems fit to imposed. It is directed that the petitioner shall not engage in any form of social media on being released on bail, at least for a period of 1 year from the date of her release. Bail Application disposed of. JUDGE Comparing Assistant