Gauhati High Court
Mridul Saikia vs The State Of Assam on 30 August, 2022
Author: Ajit Borthakur
Bench: Ajit Borthakur
Page No.# 1/3
GAHC010153672022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./1875/2022
MRIDUL SAIKIA
S/O SHRI RAMESH CHANDRA SAIKIA,
R/O VILL- TEGHERIA SONAIKUCHI, P.S. JAGIROAD, DIST. MORIGAON,
ASSAM
VERSUS
THE STATE OF ASSAM
REP. BY THE PP, ASSAM
Advocate for the Petitioner : MR. P J SAIKIA
Advocate for the Respondent : PP, ASSAM
BEFORE
HONOURABLE MR. JUSTICE AJIT BORTHAKUR
ORDER
Date : 30.08.2022 Heard Mr. PJ Saikia, learned counsel for the accused petitioner as well as Mr. BB Gogoi. , learned Addl. P.P., Assam for the State respondent.
By this petition under Section 439 Cr.P.C., the accused-petitioner, namely, Mridul Saikia has prayed for grant of bail in connection with Jagiroad P.S. Case No.256/2022 ( GR Page No.# 2/3 No.1302/2022 )under Sections 120B/121/121 A of the IPC r/w Section 13 (1) (b) of the UA (P) Act read with Section 66 (F) IT Act.
The case diary is placed before the Court.
The FIR dated 24.06.2022 relates to the allegation that the present accused petitiioner has been indulging in anti-government activities and has been posting comments supporting the banned organization ULFA in social media platform and has been trying to influence people to join ULFA and has expressed his willingness to join the ULFA.
It is noticed that the accused petitioner has been in judicial custody since 25.06.2022, that is for 67 days.
A perusal of the case diary, inter-alia, reveals that he searched for a 'link' to contact a banned militant organisation and suceeded in contacting some purported member of the organisation. They exchanged telephone contact numbers, but did not join and got involved in any other unlawful activity. The aforesaid whole incident took place through social media platform. The case diary thus shows that he intended to join the militant organisation and after advancing his intention to some extent, he abruptly stopped the goal.
Mr. PJ Saikia, learned Senior Counsel, submit that the accused petitioner read upto Class VII and employed on contract basis in a private company.
Having considered the pros and cons of the evidence, so far collected by the investigating officer and the length of detention , this Court is of the opinion that if the liberty of bail is granted to the accused petitioner, the ongoing invetigaiton is unlikely to be adverely affected.
Accordingly, it is provided that the accused petitioner, namely, Mridul Saikia shall be released on bail of Rs. 40,000/- (Forty Thousand) with one surety of like amount to the satisfaction of the learned CJM, Morigaon, subject to the following conditions- :
(I) That the accused petitioner shall cooperate with the Investigating Officer as and when required;
(II) That the accused petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the Page No.# 3/3 case so as to dissuade him from disclosing such facts to the Police Officer or the Court; and (III) That the accused petitioner shall refrain from committing any similar offences in future, of which he is suspected of commission.
Return the case diary.
This disposes of the bail application.
JUDGE Comparing Assistant