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2025 DAILYLAW 26933 (GAU)

Tajit Siyum v. The State of AP

BA/159/2025 · 2025-12-16

Parthivjyoti Saikia

body2025

Judgment text

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Page No.# 1/3 GAHC040020622025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : BA/159/2025 Tajit Siyum Son of Shri Tame Siyum, a resident of Upper Police Colony, PO and PS Naharlagun, Papum Pare District, Arunachal Pradesh. VERSUS The State of AP represented by the PP of AP Advocate for the Petitioner : Taja Garam, Byabang Mema,GICHIK KAKU Advocate for the Respondent : P P of AP, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 17.12.2025 Heard Mr. T. Garam, learned counsel appearing for the applicant. Also heard Mr. G. Tado, learned Additional Public Prosecutor for the State respondent. This application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, praying for release of the accused, namely, Shri Jiten Siyum, who has been arrested in connection with Page No.# 2/3 Naharlagun P.S. Case No. 115/2025 under Section 117(3) of the BNS, 2023, read with S.25(1-B)(a)/S.27(1) of the Arms Act. In the FIR, it is alleged that the accused/petitioner had fired from his pistol and the bullet hit the hips of a 13-year-old boy. The FIR further reveals that the accused/petitioner himself along with some other person had taken the injured boy to the hospital for treatment. It is submitted by Mr. Garam, learned counsel for the applicant, that the incident was an accident. It is further submitted that the accused/petitioner was carrying the pistol to a service center as it was malfunctioning. Mr. Garam, learned counsel, further submits that the pistol accidentally fell, resulting in an unintended discharge, which led to the 13-year-old boy being hit in the lower body. I have considered the submissions of the learned counsels for both the sides. The accused/petitioner, namely, Shri Jiten Siyum had already spent 108 days in judicial custody. This Court is of the considered opinion that, under the given circumstances, he no longer deserves to be detained in custody for further period of time. His bail application is allowed. The accused/petitioner, namely, Shri Jiten Siyum, who was arrested in connection with Naharlagun P.S. Case No. 115/2025 shall be released on bail bond of Rs. 25,000/- (Rupees twenty-five thousand) only with one surety of like amount to the satisfaction of the learned Chief Judicial Magistrate Yupia, Papum Pare District, subject to the following conditions: (i) That the accused shall co-operate with the proceedings of the Trial Page No.# 3/3 Court and make himself available as and when he is required to be present before the Trial Court; and (ii) That the accused shall not try to influence any witness or try to temper or hamper the trial proceedings; Accordingly, the instant bail application is disposed of as allowed. JUDGE Comparing Assistant