ORDER

08.09.2022 Heard Mr. B.D. Konwar, learned Sr. Counsel appearing for the accused petitioners.

Also heard Mr. B.B. Gogoi, learned Addl. Public Prosecutor, Assam appearing for the State respondent.

2. By this petition under Section 439 Cr.P.C., the petitioners, namely 1. Md. Nasidur Rahman and 2. Md. Mustafizur Ahmed have prayed for grant of bail in connection with Moirabari P.S. Case No. 155/2022 registered u/s 228A of the IPC read with Sections 14/15 of the POCSO Act, 2012 r/w Section 67B of the I.T. Act, 2000 (corresponding to G.R. Case No. 1471/2022).

3. The case diary, as called for, is placed before the Court.

4. As directed, the investigating officer has personally appeared before the Court along with the case diary and an ‘explanation report’ citing the grounds for inability to produce the case diary on the last date.

5. Perused the explanation and on being satisfied the same is accepted. The investigating officer is exonerated from personal appearance.

6. The explanation submitted by the investigating officer is taken on record.

7. The FIR reads as extracted hereinbelow-

“To, The Officer in Charge, Moirabari Police Station Sub- FIR Sir, I have the honour to report that a few days back a group of boys made few nude video clips of a minor girl at the bank of river Brahmaputra and made it viral in social media. After that the matter was reported at Moirabari Police Station by the father of the minor girl and a case is registered vide Moirabari PS Case No- 150/22 U/S 354(A)/365 IPC RW Sec-12 of POCSO Act, 67A of IT Act and investigation is going on in this regard. However, a few news channels and portals namely- NewsNow, News North East Assam, B24 News, COBRA News, Current Trend Assam, BMC News, SANGBAD LAHAR, DK365, Sj NEWS, Sankar Jyoti, Da NEWS PLUS, ISHAN NEWS and others astonishingly published the news in social media showing sexually explicit contents of the minor girl exposing the victim of POCSO act case. The video published by the News portals/channels showed the videos addressing it to pornographic movie shooting ignoring the fact that the victim is a minor girl. So, I lodge this FIR so that necessary legal actions can be taken against the persons involved in the circulation of the nude videos of the minor girl.

Submitted for favour of kind information and necessary action.

Yours faithfully SI Rudra Kt. Bordoloi of Mairabari PS

23/07/22”

8. Mr. B.D. Konwar, learned Sr. Counsel appearing for the accused petitioners, contends that the accused petitioners are journalists/news reporters by profession. The Accused petitioner No. 1 is serving under NewzNow, News North East, Assam and Prag News, while the accused petitioner No.2 is correspondent of Da News Plus, Guwahati, Assam. Mr. Konwar further submits that the accused petitioner No. 1 has been in custody since arrested on 24.07.2022 while the accused petitioner No. 2 has been in custody since 25.07.2022. Mr. Konwar emphatically submits that on 17.07.2022, the victim disappeared from home and later on, came to be known that she, who is a minor, in association with some boys made some objectionable video clips.

9. According to Mr. Konwar, learned Sr. Counsel, as per the birth certificate, the victim’s date of birth is 28.07.2005 meaning thereby that she was 16 years 11 months and 22 days on the date of the alleged occurrence, that is, on 17.07.2022. Mr. Konwar emphatically submits that on enquiry, it is learnt that the alleged victim girl is a major and earlier, she was married and in that regard a police case was also registered. Mr. Konwar contends that the offence u/s 228A of the IPC is a bailable offence and Section 15 of the POCSO Act is an offence for which the maximum prescribed punishment is 3 years imprisonment and further, the offence u/s 67B of the I.T. Act does provide punishment of imprisonment for 5 years. Mr. Konwar contends that the essential ingredients of the aforesaid offences are not attracted to the instant case. According to Mr. Konwar, learned Sr. Counsel