Billal Hussain v. The State of Assam

Page No.# 1/3 GAHC010143212024

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2210/2024 BILLAL HUSSAIN S/O MANAHAR ALI, R/O VILL-NO. 2 THEKERABARI, P.O.-DHULA, P.S.- DHULA, DIST-DARRANG, ASSAM, PIN-784146 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. M A SHEIKH, MS F INTAZ Advocate for the Respondent : PP, ASSAM,

- B e f o r

e - Hon'ble Mr. Justice arun dev choudhury

01.08.2024

Heard Mr. M.H. Choudhury, learned counsel for the petitioner. Also heard Mr. M.P. Goswami, learned Additional Public Prosecutor for the State of Assam. This is a second successive application made under Section 483 Page No.# 2/3 of the BNSS seeking bail by the accused/petitioner, namely, Billal Hussain, who was arrested on 24.04.2024 in connection with Kamrup(M) Cyber P.S Case No.09/2023 under section 509 IPC read with section 67(a)/67(b) of Information Technology Act, 2000. The petitioner has earlier approached this court by way of filing a bail application being Bail Appln No.1446/2024, however, his prayer was rejected vide order dated 05.06.2024 The material so far collected by the investigating officer, reveals that the petitioner has thoroughly been interrogated and co-operated with the investigation. Considering the stage of investigation as well as the period of detention, this Court is of the view that the further custodial interrogation of the accused/petitioner shall not be required for the purpose of investigation. Accordingly, it is directed that the petitioner, named above, be released on bail in connection with the case aforementioned, on his furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand Only) with one surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Kamrup (M) at Guwahati, with the following conditions.

(a) Shall not leave the territorial jurisdiction of learned Chief Judicial Magistrate, Kamrup (M) at Guwahati, without prior written permission from him/her;

(b) Shall not hamper with the investigation of the case and tamper with the evidence of the case;

(c) Shall not directly or indirectly, make any inducement, threat Page No.# 3/3 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. In terms of the above, this bail application stands disposed of. JUDGE Comparing Assistant