Gauhati High Court grants bail to UAPA accused who allegedly created communal enmity through Facebook

The Gauhati High Court recently granted bail to a man accused of creating a 'communal atmosphere' in the State of Assam through Facebook posts that had oblique references to the Assam Agitation of 1979. (Abu Bakkar Siddique @ Avga Khan Avilekh v. State of Assam).It was alleged that the accused man used fake Facebook accounts to send messages indicating that the leaders of the Assam agitation came to power in Assam after killing thousands of people..The accused man, Abu Bakkar Siddique @ Avga Khan Avilekh was booked under Sections 120-B (punishment of criminal conspiracy), 153-A(1)(a) (promoting enmity between different groups), 153-B(1)(a) and (c) (imputations, assertions prejudicial to national integration), 298 (uttering, words etc., with deliberate intent to wound the religious feelings of any person), 505(1)(b)(c) (statement conducing to public mischief), 505(2) (statements creating or promoting enmity, hatred or ill-will between classes) of the Indian Penal Code 1860 read with Section 39 of the Unlawful Activities (Prevention) Act, 1967 (UAPA) and Section 66(f) of the Information Technology Act, 2000..Taking note of the period of detention undergone by the accused (forty-seven days), the Justice Hitesh Kumar Sarma observed that no further custodial detention is required.."Whatever it may be, considering the length of detention of the petitioner for 47 days, this Court is of the view that further custodial detention of the petitioner is not necessary and, hence, he is granted bail," the Court said..The Court has directed that the accused should be released on bail on furnishing bail bond of ₹ 20,000 with two suitable sureties of the like amount, to the satisfaction of learned Chief Judicial Magistrate, Kamrup, Amingaon..The grant of bail was also made subject to conditions such as that the accused should not leave the territorial jurisdiction of the Chief Judicial Magistrate, Kamrup without prior written permission, that the accused should not tamper with the case investigation or evidence or influence the witnesses in the case..Advocate A Ganguly appeared for the bail applicant/ accused. Additional Public Prosecutor Bankim Sharma appeared for the State..[Read Order]