Gauhati High Court
Dilraj Mazumder vs The State Of Assam on 13 July, 2020
Author: Manish Choudhury
Bench: Manish Choudhury
Page No.# 1/3
GAHC010092062020
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB 1641/2020
1:DILRAJ MAZUMDER
S/O- HABIBUR RAHMAN MAZUMDER, VILL- MADHURBOND PART-11,
HAZI ANFOR ALI LANE, P.O. MODHURBOND, DIST.- CACHAR, ASSAM
VERSUS
1:THE STATE OF ASSAM
REP. BY P.P., ASSAM
Advocate for the Petitioner : MR A R BHUYAN
Advocate for the Respondent : PP, ASSAM
BEFORE
HONOURABLE MR. JUSTICE MANISH CHOUDHURY
ORDER
Date : 13-07-2020 Heard Mr. A.R. Bhuyan, learned counsel for the accused-petitioner and Mr. T.K. Mishra, learned Additional Public Prosecutor, State of Assam.
By this application under Section 438, Code of Criminal Procedure, 1973 (CrPC), the accused-petitioner viz. Dilraj Mazumder has prayed for pre-arrest bail apprehending his arrest, in connection with Silchar Police Station Case No. 1291/2020, registered under Sections 153A/295A/385/505(2), Indian Penal Code read with Section 67 of the Information Technology Act.
Page No.# 2/3 It is submitted by the learned counsel for the accused-petitioner, by referring to the petitioner's Facebook posts dated 18.09.2019, 29.01.2020, 30.01.2020, 25.02.2020, 01.03.2020, 02.03.2020, 05.04.2020 and 07.04.2020, that on the same set of allegations two First Information Reports (FIRs) have been filed by two different informants and the two FIRs have been registered as Silchar Police Station Case no. 1291/2020 for offences under Sections 153A/295A/385/505(2), Indian Penal Code read with Section 67 of the Information Technology Act, 2000 and Sonai Police Station Case no. 82/2020 for offences under Sections 153A/295A/385/505(2), Indian Penal Code read with Section 67 of the Information Technology Act, 2000.
It is submitted on behalf of the accused-petitioner that the Facebook post dated 18.09.2019 is related to the offence under Section 385, IPC which is a bailable offence. In the Facebook posts dated 29.01.2020, 30.01.2020, 01.03.2020, 02.03.2020, 05.04.2020 and 07.04.2020, mention was made in respect of certain persons including public functionaries.
It is submitted by the learned counsel for the accused-petitioner that even if one assumes that the words used are not in good taste, the same could, at best, be defamatory in nature. In such view of the nature, the persons who may be aggrieved thereby, can institute complaints for the alleged offence of criminal defamation and the accused-petitioner could not be brought under police investigation by lodgment of a First Information Report. In so far as the Facebook post dated 25.02.2020 is concerned, it is submitted that the said post was made without any reference to two communities in particular and thus, the offences under Section 153A and Section 505(2), Indian Penal Code are not attracted. Section 67 of the Information Technology Act prescribes punishment for publishing or transmitting obscene material in electronic form. It is submitted that none of the Facebook posts, referred in the FIRs, can be termed as obscene in its contents. The contents of the Facebook posts, it is submitted, are intended to outrage religious feelings of any class or community or religion.
The learned Additional Public Prosecutor has opposed the prayer for interim relief.
The concerned case diaries of both the cases - Silchar Police Station Case No. 1291/2020 and Sonai Police Station Case no. 82/2020 - be produced on the next date fixed i.e. 06.08.2020.
Page No.# 3/3 Upon due consideration of the allegations made in the FIR and the Facebook posts referred above, annexed to the petition, and the submissions advanced in this regard, this Court is of the considered view that pending further consideration, the accused-petitioner has made out a prima facie case for interim protection. Accordingly, it is provided, in the interim, that in the event of arrest of the accused-petitioner in connection with Silchar Police Station Case No. 1291/2020, he shall be released on bail on furnishing a bail bond of Rs. 25,000/- with one local surety of the like amount to the satisfaction of the arresting authority, subject to the following conditions:-
1. The accused-petitioner shall appear before the Investigating Officer of the case within a period of 10 (ten) days from today and shall cooperate with the investigation of the case by providing all the materials and information available at this disposal in connection with his Facebook posts;
2. The accused-petitioner shall not hamper with the investigation or tamper with the evidence of the case; and
3. The accused-petitioner 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 him from disclosing such facts to the Court or to any police officer.
List the case on 06.08.2020 along with A.B. No. 1646/2020.
Let a copy of this order be issued to the learned counsel for the petitioner under signature of the Court Master.
JUDGE Comparing Assistant