Bail Appln./2027/2026 of BIRAJ NATH Vs THE STATE OF ASSAM on 23 July 2026

ORDER

24.07.2026 Heard Mr. N J Das, learned counsel for the petitioner. Also heard Mr. K.K. Parashar, learned Addl. PP for the State.

2. This is an application filed under Section 483, BNSS, 2023, for granting of bail to the petitioner in connection with Matia P.S Case No. 73/2026 u/s 64(1)/69/351(2) BNS, r/w Section 67/67(A) IT Act.

3. The learned counsel for the petitioner has submitted that as per the F.I.R, the accused and the daughter of the informant had a love relationship for the past several years and on the pretext of the marriage, the daughter of the informant had been lured into relationship with the accused, and after which the photographs and videos of their relationship had been uploaded in the internet causing severe distress to the daughter of the informant.

4. Accordingly, the case was registered and investigation was taken up following which the present petitioner had been arrested on 10.07.2026 and produce before the learned Remand Magistrate on the same day.

5. The learned counsel for the petitioner has drawn the attention of this Court to the affidavit filed along with this petition for bail to state that the alleged victim girl, who is aged about 21 years has sworn the affidavit in support of the bail petition by submitting that the alleged victim would not have any objection if the petitioner herein is allowed the privilege of bail.

6. The learned counsel for the petitioner has drawn attention of this Court to the admit card of the alleged victim to stress that the alleged victim is a major and has also drawn attention of this Court to the affidavit sworn by the alleged victim which states that the alleged victim had voluntarily maintained a relationship with the accused herein and that the photographs which had been uploaded were in fact taken with the consent of the victim and the accused and uploaded photographs had been done from the Instagram account of the victim herself by some other person who had allegedly hacked her account.

7. In such circumstances, he submits that the accused petitioner be granted the privilege of bail and that the petitioner be cooperate with the investigation in any manner required.

8. The learned Addl. PP opposed the bail petitioner stating the dignity of the young lady has been put at stake by the accused therefore, the bail petition may not be considered.

9. I have heard the learned counsels for the parties and I have gone through the contents of the F.I.R, the affidavit sworn by the alleged victim and the affidavit made in support of the bail petitioner and I am of the considered view that at this stage the release of the petitioner herein, would not cause any difficulty for further investigation into the allegations of this case.

10. Accordingly, the petitioner namely Biraj Nath shall be released on bail in connection Matia P.S Case No. 73/2026 on furnishing a bond of Rs.

15,000/- (Rupees Fifteen Thousand) only with two sureties of the like amount to the satisfaction of CJM, Goalpara.

11. The aforesaid CJM, Goalpara if deemed necessary, may cause an enquiry into the consent of the alleged victim before accepting the bail bonds of the petitioner herein.

12. It is further directed the petitioner shall not in any manner hamper or tamper the investigation of the case.

13. Bail Application is accordingly disposed of. JUDGE Comparing Assistant