Allowed

Azizur Rahman v. the State of Assam

Gauhati HC3 Jun 2022Bail Appln./1260/2022

Case brief

AI extract

What is this about?

This single judge order allows a bail application filed by Azizur Rahman under Section 439 CrPC in a cyber cell case involving uploading obscene photos. The Court observed that the arrested period was 39 days and further custodial interrogation was not required.

What did the court decide?

Released on bail on furnishing a bond of Rs. 25,000 with one surety of the like amount subject to satisfaction of the S.D.J.M.

Azizur Rahman Vs the State of Assam — Cheating and Forgery | Gauhati HC (2022)

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GAHC010105492022

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : Bail Appln./1260/2022

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AZIZUR RAHMAN S/O MOTIYAR RAHMAN VILL- BALAPARA CHEDAMARI P.O. BALAPARA, P.S. JOGIGHOPA DIST. BONGAIGAON, ASSAM, PIN-783388

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VERSUS

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THE STATE OF ASSAM REP. BY THE PP, ASSAM

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Advocate for the Petitioner : MR. S AHMED

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Advocate for the Respondent : PP, ASSAM

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BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI

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ORDER

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03.06.2022

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Heard Shri S. Ahmed, learned counsel for the applicant, namely, Shri Azizur Rahman, who has filed this bail application under Section 439 of the Cr.PC praying for bail in connection with Jogighopa PS Case No. 49/2022 under Sections 66D/67A of I.T. Act.

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The applicant was arrested on 26.04.2022.

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By referring to the F.I.R. in question dated 02.04.2022, the learned counsel has submitted that the petitioner has not been named as an accused and the allegations of misusing the Facebook by uploading obscene photographs of the daughter of the informant is against some unknown persons.

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The grounds of arrest would however reveal that on preliminary investigation, it was found that from the mobile phone of the petitioner, the mischief was done.

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Opposing the prayer for bail, Ms. S.H. Bora, learned Addl. Public Prosecutor, Assam submits that the grounds of arrest would clearly reveal the complicity of the petitioner in the offence.

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After hearing the parties and taking into consideration the length of detention which is 39 days till today, this Court is of the opinion that further custodial interrogation may not be required.

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Accordingly, the bail application is allowed by directing that the abovenamed applicant in connection with the aforementioned police case be released on bail on furnishing bail bond of Rs.25,000/- ( Rupees Twenty Five thousand) only, with one surety of the like amount subject to the satisfaction of the learned S.D.J.M., North Salmara, Abhayapuri.

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The applicant is directed to continue to render full cooperation with the investigation of the case and not to indulge in any activities detrimental to the same.

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The bail application accordingly stands disposed of.

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JUDGE

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Comparing Assistant

Azizur Rahman v. the State of Assam

Case brief

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Azizur Rahman v. the State of Assam

Case brief

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What the court decided

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