ABDUL MAZOM ALIAS LOVELY GIL AND ANR v. THE STATE OF ASSAM
Bail Appln./3191/2025 · 2025-10-07
Susmita Phukan Khaund
body2025
DailyLaw.ai
[ 2025 DAILYLAW 19811 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 19811 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010217622025
2025:GAU-AS:13590
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3191/2025 ABDUL MAZOM ALIAS LOVELY GIL AND ANR SON OF JAMAL UDDIN VILL- DURAMARI P.O. LALMATI P.S. ABHAYAPURI DIST. BONGAIGAON, ASSAM 2: RAHUL ROY @ BOBI DEKA S/O KALA ROYVILL- MATABARI P.O. CHENGA DIST. BARPETA ASSAM PIN-781305 VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR MINTU SAIKIA, MS. B DAS,MS R DUTTA Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 08-10-2025 Heard learned counsel Mr. M. Saikia for the petitioners No. 1. Abdul
Page No.# 2/3 Mazom @ Lovely Gil and 2. Rahul Roy @ Bobi Deka, who have filed this application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 with prayer for bail as they are behind bars since 12.09.2025 in connection with Dispur Police Station Case No. 27/2025 under Sections 132/324(3)/117(2)/296/ 329(4)/3(5) of Bharatiya Nyaya Sanhita, 2023 read with Section 3 of Prevention of Damage to Public Property Act, 1984. 2. Heard Mr. R.J. Baruah, learned Additional Public Prosecutor, Assam. 3. The allegation against the petitioners is that they were creating nuisance and when the police patrolling vehicle came they started throwing stones at the police vehicle and they tried to prevent the police from discharging their duties. 4. Learned Additional Public Prosecutor has raised serious objection stating that the petitioners have criminal antecedents. They are not entitled to bail as they are aggressive in nature. 5. I have considered the submissions at the bar with circumspection. I have also scrutinized the Case Diary. 6. Indeed there are incriminating materials in the Case Diary against the petitioners. The petitioners have pledged to abide by any stringent bail conditions if imposed upon them. I have also considered the substantial progress of investigation. 7. Considering all aspects, both the petitioners No. 1. Abdul Mazom @ Lovely Gil and 2. Rahul Roy @ Bobi Deka, are enlarged on bail on furnishing a bail bond of Rs.50,000/- (Rupees Fifty Thousand) each with two local sureties of like
Page No.# 3/3 amount to the satisfaction of the learned Chief Judicial Magistrate, Kamrup (M) under the conditions that :- (i) the petitioners shall refrain from such activities with which they are alleged and (ii) the petitioners shall not exercise threats to the witnesses. 8.
On breach of any of the bail conditions, the Court is at liberty to immediately cancel the bail granted to the petitioners. 9. In terms of the above observation, this Bail Application stands disposed of. 10. Send back the Case Diary. JUDGE Comparing Assistant