Salim Hussain @ Salim Kilan vs State Of Assam

The Court proceedings have been conducted through Remote Video Conferencing mode due to Covid-19 pandemic situation.

Heard Mr. M. Khan, learned counsel for the accused-petitioner and Mr. R. J. Baruah, learned Additional Public Prosecutor for the respondent State

of Assam.

By this application under Section 439, Code of Criminal Procedure, 1973 (CrPC), the accused-petitioner viz. Salim Hussain @ Salim Kilan, has prayed

for his release on bail, as he is in custody in connection with Sapatgram Police Station Case no. 83/2021 registered for offence punishable under

Sections 120(B)/109/121/120(A), Indian Penal Code (IPC) read with Section 66A, Information Technology Act, 2000.

Learned counsel for the accused-petitioner has submitted that after arrest, the accused-petitioner was remanded to the custody on 05.05.2021 on the

allegation that he had uploaded a post in the Facebook, whereby he had shown inclination to join the banned extremist organization, United Liberation

Front of Assam (ALFA). He has further submitted that the accused-petitioner is a student, aged about 22 years. The alleged face book post would not

attract the ingredients of the offences under the Indian Penal Code, referred above, for which he has been implicated. Apart from the said allegations,

the accused petitioner does not have any criminal antecedent. By considering the period of his custodial detention, the accused-petitioner may be given

any terms and conditions.

Learned Additional Public Prosecutor has submitted that the mobile phone set of the accused-petitioner bearing No. 6003829856 has already been

seized. It is suspected that the alleged Facebook post had been uploaded through the said mobile phone and the same has been sent for Forensic

Science Laboratory for examination. Learned Additional Public Prosecutor has further submitted that the statement of the accused petitioner has been

recorded and the same is available in the case diary. He has further submitted on the basis of the materials in the case diary, collected during the

course of investigation carried out so far, that apart from the alleged Facebook post, no further incriminating material has been found till date as

regards involvement of the accused-petitioner with any banned organization. Further, he has submitted that the investigation of the case is still in

progress.

I have considered the submissions of the learned counsels for the parties and also have taken note of the materials available in the case diary, on the

basis of the submissions made by the learned Additional Public Prosecutor. The accused-petitioner is suspected that he had released the Facebook

post, wherein the uploader had shown his inclination to join an extremist organisation. The mobile phone through which the alleged post was suspected

to be uploaded in Facebook has already been seized. The accused-petitioner is in custody since 05.05.2021.

Upon due consideration of the aforesaid fact situation obtaining in the case; the period of detention of the accused-petitioner since 05.05.2021 and

non-availability of any further incriminating materials in the case diary as submitted by the learned Additional Public Prosecutor, I am of the

considered view that the release of the accused-petitioner on bail at this stage of investigation is not likely to cause any prejudicial effect in the further

investigation and his further custodial detention appears not necessary, provided he continues to extend his assistance and co-operation in the further

investigation of the case

Accordingly, it is directed that the accused-petitioner shall be released on bail on furnishing a bail bond of Rs. 20,000/- with one suitable surety of the

like amount to the satisfaction of the learned Sub-Divisional Judicial Magistrate (M), Bilasipara, subject to the conditions that :-

[i] the accused-petitioner shall co-operate with the investigation and make himself available for interrogation whenever required by the Investigating

Officer (I.O.) of the case;

[ii] the accused-petitioner shall not, directly or indirectly, make any inducement, threat or promise to any witness acquainted with the facts of the case

so as to dissuade him from disclosing such facts to the court or to any police officer;

[iii] the accused-petitioner shall not obstruct or hamper the police investigation and not to play mischief with the evidence collected or yet to be

collected by the police;

[iv] the accused-petitioner shall maintain law and order and he shall not commit an offence similar to the offence of which he is accused, or of the

commission of which he is suspected; and

[v] the accused-petitioner shall regularly remain present during the trial and co-operate the Court to complete the trial for the above offences, if

charge sheeted in the case.

The application stands disposed of in the aforesaid terms.