Ajinur Islam v. State of Assam
In the High court of Gauhati
A.B. 2167/2020
Before Justice Manish Chaudhury
Decided on November 10, 2020

Relevancy of the case: Bail application in a case involving dissemination of a gang rape video on social media

Statutes and Provisions Involved

• The Information Technology Act, 2000 (Section 67)
• The Code of Criminal Procedure, 1973 (Section 438)
• The Indian Penal Code, 1860 (Section 143, 376D, 506)

Relevant Facts of the Case

• The present bail application is filed by the petitioner as his previous bail application was rejected.
• The informant in the first information report stated that his mentally disabled daughter was taken from the road to a nearby hill by one Raijal Hoque and seven other persons, where she was raped.
• The incident was allegedly recorded and uploaded on social media making it viral.
• The seven accused were arrested during the investigation.

Prominent Arguments by the Advocates

• The respondent’s counsel had produced the case diary and a compact disk containing the video which was made viral on social media.

Opinion of the Bench

• The Court was of the view that on perusal of the previous order, the case diary suggested that the petitioner was present at the time and place of the incident. Further, there was incriminating proof as to the participation of the petitioner in the crime.
• The earlier order rejecting pre-arrest bail stated that the petitioners could apply for anticipatory bail again if the fact situation changed, but no change in fact situation has been observed in the present pre-arrest application.

Final Decision

• Pre-arrest bail rejected.
• Bail application dismissed.

This case summary has been prepared by Mehula Liza Pallathu, an undergraduate student at National University of Advanced Legal Studies, Kochi, during her internship with The Cyber Blog India in May/June 2021.