GAHC010261872025

THE GAUHATI HIGH COURT

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

Case No. : Bail Appln./3864/2025

MANOWAR HUSSAIN

S/O-AFTAB HUSSAINR/O-VILL.-KACHARUAP.O.- PUTHIMARI, P.S.-

KAMALAPUR, DIST- KAMRUP, ASSAM, PIN-781380

VERSUS

THE STATE OF ASSAM REP BY THE PP, ASSAM

Advocate for the Petitioner : MR. M A SHEIKH, MR. W A SHEIKH,MS F INTAZ

Advocate for the Respondent : PP, ASSAM,

BEFORE

HONOURABLE MR. JUSTICE RAJESH MAZUMDAR

ORDER

10.12.2025

1. Heard Mr. M.A. Sheikh, learned counsel for the petitioner. Also heard Mr.

D.P. Goswami, learned APP for the State of Assam.

2. This is an application praying for the grant of bail to the petitioner, who has been in judicial custody since 24.11.2025 in connection with Kamalpur

P.S. Case No. 145/2025, registered under Sections 147, 148, 152, 196(1), and 353(2) of the BNS, read with Section 67 of the Information Technology Act, 2000.

3. The case diary was called for on 02.12.2025, but it is yet to be received. The allegations leveled in the FIR state that the petitioner allegedly posted a comment on social media stating :- “Bihart seat kom pale babe atiya natak aramvani.” On account of this comment, the petitioner was arrested. The offences mentioned in the FIR are as follows: Section 147 BNS – waging or attempting to wage war, or abetting the waging of war, against the Government of India; Section 148 BNS – conspiring to commit offences punishable under Section 147 BNS; Section 152 BNS – acts endangering the sovereignty, unity, and integrity of India; Section 196(1) BNS – promoting enmity between different groups and acts prejudicial to the maintenance of harmony; Section 353(2) BNS – false statements, rumors, etc., with intent to create enmity, hatred, or ill-will between classes; and Section 67 of the Information Technology Act, 2000 – publishing or transmitting objectionable material in electronic form.

4. Mr. M.A. Sheikh, learned counsel for the petitioner, submitted that the petitioner is a young individual and the comment allegedly made on Facebook has no connection to any specific incident or event. He further submitted that the petitioner has already spent 27 days in custody in connection with this matter. In view of these circumstances, it was prayed that the petitioner may be released on bail.

5. The learned Additional Public Prosecutor (APP) vehemently opposed the prayer for bail, stating that such comments, if allowed to circulate, would amount to derogatory and inflammatory remarks against the Government and could hurt the sentiments of the people of India. It was further submitted that the comment also amounts to an insult to the innocent victims of the blast. Accordingly, the learned APP prayed for the rejection of the petitioner’s bail application.

6. We have considered the circumstances under which the petitioner was arrested and have also applied our mind to the allegations leveled against him.

7. This Court is of the view that the petitioner may be allowed the privilege of bail at this stage, since all the evidence is electronic and the case diary, as called for, has not yet been produced. Accordingly, the petitioner is directed to be released on bail upon furnishing a bond of Rs. 20,000/- with a surety of the like amount, subject to the satisfaction of the Judicial Magistrate First Class, Rangia, Kamrup, under the following conditions :-

i. shall appear before the Investigation Officer of said Kamalpur Police Station Case No. 145/2025 as and when he is required for necessary investigation;

ii. shall not leave the territorial jurisdiction of Kamalpur Police Station, without obtaining prior written permission from the concerned Investigation 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; a