The High Court granted pre-arrest bail to three petitioners in a case involving obscene uploads under the IT Act. The court found no incriminating material against them and fixed bail conditions.
Granted pre-arrest bail of Rs. 20,000/- with one surety of like amount each.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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GAHC010211242018
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Linked Case : AB 2825/2018
1:NAJIR ALI AND 2 ORS S/O NUR MOHAMMAD ALI R/O KARAIBEEL PS CHAYGAON DIST. KAMRUP ASSAM
2: JAKIR HUSSAIN S/O NUR MOHAMMAD ALI R/O KARAIBEEL PS CHAYGAON DIST. KAMRUP ASSAM
3: ILIAS ALI S/O NUR MOHAMMAD ALI R/O KARAIBEEL PS CHAYGAON DIST. KAMRUP ASSAM VERSUS
1:THE STATE OF ASSAM REP. BY PP ASSAM
Advocate for the Petitioner : MS. S G BARUAH Advocate for the Respondent : PP ASSAM
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- B e f o r e -
Hon’ble Mr. Justice AJIT BORTHAKUR
06-12-2018
Heard Ms. S.G. Baruah, learned counsel appearing for the petitioners and Mr. N. Dutta, learned Additional Public Prosecutor, Assam appearing for State respondent.
By this petition, under Section 438 Cr.P.C., the petitioners namely, 1. Najir Ali, 2. Jakir Hussain and 3. Ilias Ali have prayed for pre-arrest bail, apprehending their arrest in connection with Chaygaon PS Case No. 872/2018, corresponding to G.R. Case No. 2008 (K)/2018 under Sections 66(E)/67(A) IT Act.
The case diary as called for is placed before the court.
Ms. S.G. Baruah, learned counsel for the petitioner, submits that the petitioners are the brothers of the prime accused Motibur Rahman, with whom the elder sister of the informant had a love affair and belatedly there developed some differences between them, which resulted in filing a false case.
Mr. N. Dutta, learned Additional Public Prosecutor, Assam submits that the case diary reveals no significant direct or circumstantial incriminating material against the petitioners requiring their custodial interrogation.
The F.I.R. reveals that the informant’s sister’s obscene photographs were uploaded by Motibur Ali in the social media, which hampered her reputation.
The case diary shows that the present petitioners are the brothers of the prime accused and there is no such prima facie incrimating material requiring their custodial interrogation.
Therefore, it is provided that in the event of arrest each of the petitioners shall be released on pre-arrest bail of Rs. 20,000/- with one surety of like amount to the satisfaction of the Arresting Authority, subject to the following conditions-
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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.
Return the case diary.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether the petitioners are entitled to pre-arrest bail in connection with the said FIR.
Whether there is prima facie incriminating material against the petitioners requiring custodial interrogation.
1 provisions across 1 enactments
NAJIR ALI AND 2 ORS
THE STATE OF ASSAM
AJIT BORTHAKUR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
