Sri Bishal Borah and Anr. Vs the State of Assam

2. The petitioners, namely, (i) Sri Bishal Borah, son of Sri Puwal Borah and (ii) Sri Mintu Borah , son of Sri Tankeswar Borah, both residents of Village-Gohpur, Borigaon, Police Station-Gohpur, District-Biswanath have filed this application under Section 483 BNSS, 2023 seeking their bail in Gohpur Police Station Case No. 16/2025 registered under Sections 77/296/308(2)/308(3)/3(5) BNS, 2023, wherein they were arrested on 08.02.2025 and are in custody since then.

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3. As per the FIR dated 07.02.2025 lodged by the informant, the case is that the petitioners along with one of their colleague, on 24.01.2025, secretly captured the intimate videos of the informant and his girlfriend and had taken away two mobile phones and Rs. 3000/- from them and also demanding money by threatening him to share the said videos in the social media and thereby harassing him since then demanding more money threatening to share the said videos in the social media. Accordingly, said FIR of the informant was registered as Gohpur P.S. Case No. 16/2025 under Sections 77/296/308(2)/308(3)/3(5) BNS was registered.

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4. The said three accused persons including the petitioners were arrested on 08.02.2025 and are in custody since then. Petitioners stated that both of them are students, whereas the petitioner No. 2 is a Higher Secondary Final Year student and considering their detention in custody since 08.02.2025, they should be considered for their bail.

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5. Perused the case diary placed before the Court today by Mr. Sarma, learned Additional Public Prosecutor, Assam.

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6. On perusal of the case diary, it is seen that the petitioners along with the other co-accused arrested in the case were apprehended by the friends of the informant and they have admitted their guilt. In the meanwhile, police have already seized the mobile phones of the petitioners and the other accused person of the case and forwarded them to the FSL on 01.03.2025 for its examination and necessary report.

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7. Considering the materials in the case diary and the age of the petitioners, namely, (i) Sri Bishal Borah of 20 years and (ii) Sri Mintu Borah of 18 years and as their mobile phones have already been seized by the Police and forwarded to the FSL, this Court is of the view that their further custodial detention is not warranted to investigate the said Gohpur P.S. Case No. 16/2025. As such, this bail application of the petitioners, named above in said Gohpur P.S. Case is accepted.

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8. Accordingly, the petitioners, namely, (i) Sri Bishal Borah, son of Sri Puwal Borah and (ii) Sri Mintu Borah , son of Sri Tankeswar Borah be released on bail in said Gohpur P.S. Case No. 16/2025 registered under Sections 77/296/308(2)/308(3)/3(5) BNS on furnishing bail bonds of Rs.50,000/- each, with 2 (two) local sureties, each of the like amount, one of which shall be a Government employee, either State or Central Government, to the satisfaction of the learned SubDivisional Judicial Magistrate, Gohpur, on conditions that the petitioners – (i) shall appear before the Investigating Officer of said Gohpur P.S. Case No. 16/2025 as and when they are required in the said Gohpur P.S. case; (ii) shall not leave the territorial jurisdiction of Gohpur Police Station, without obtaining prior written permission from the concerned Investigating Officer of the case; (iii) shall not hamper with the investigation, or tamper with the evidence of the case; (iv) shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer; (v) shall not involve themselves in any criminal activities and (vi) shall not upload the intimate photographs/videos of the informant and his girlfriend by themselves or by anyone else acting on their behalf, which they along with their friend, i.e., the other arrested accused person of the case, allegedly captured in their mobile phones that has now been seized by police.

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9. Violation of any of the aforesaid conditions by any of the petitioners, the bail granted to them in Gohpur P.S. Case No. 16/2025 shall stand automatically vacated.

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10. This bail application accordingly stands allowed to the extent above.

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11. Return the case diary.

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JUDGE

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Comparing Assistant

Sri Bishal Borah and Anr. v. the State of Assam

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Sri Bishal Borah and Anr. v. the State of Assam

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