Ashikur Rahman @ Ashik Ikbal v. The State of Assam

ORDER Date : 13-03-2024 Heard Mr. AM Khan, learned counsel for the petitioner as well as Mr. BB Gogoi, learned APP for the State.

¶2The petitioner, namely, Ashikur Rahman @ Ashik Ikbal who was Page No.# 2/3 arrested on 31.01.2024 in connection with Hatigaon PS case no.16/2024 under sections 387 IPC read with section 67(E)/67(A) of the IT Act is seeking regular bail by filing this application under section 439 Cr.P.C.

¶3The learned counsel for the petitioner submits that the petitioner is the husband of the informant. The allegation against the petitioner is that he uploaded some objectionable photographs of the informant in her Facebook account as a result of which the FIR has been instituted. Subsequently, the matter has been resolved between the parties.

¶4In view of the above and considering the length of detention, bail may be granted to the petitioner.

¶5On the other hand, the learned APP has stated that some misunderstanding arose between the husband and wife regarding uploading of some obscene photographs of the informant in her facebook account.

¶6I have considered the submission and I have also perused the case diary which reveals that the further custodial interrogation of the petitioner is not required for the purpose of investigation of the case.

¶7In view of the above, this Court is inclined to release the petitioner, named above, on bail on furnishing a bail bond of Rs.30,000/- (Rupees thirty thousand only) with one suitable surety of the like amount to the satisfaction of the learned CJM, Kamrup (Metro), Guwahati. Page No.# 3/3

¶8The direction for bail is further subject to the conditions that the accused petitioner:

¶1Shall not leave the territorial jurisdiction of learned CJM, Kamrup (Metro), Guwahati without prior written permission from him/ her.

¶2Shall 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.

¶9Return the case diary.

¶10Bail application stands disposed of.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010043042024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./573/2024 ASHIKUR RAHMAN @ ASHIK IKBAL S/O HABIBUR RAHMAN RESIDENT OF VILLAGE BATAGHAT, TAMULITUP, PS RUPAHIHAT, DIST NAGAON, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP ASSAM Advocate for the Petitioner : MR S PRODHANI Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MRS. JUSTICE MALASRI NANDI