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2025 DAILYLAW 7365 (GAU)

SRI NEEL GOGOI @ NILA GOGOI v. THE STATE OF ASSAM

Bail Appln./387/2025 · 2025-02-16

Parthivjyoti Saikia

body2025

Judgment text

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Page No.# 1/3 GAHC010027382025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./387/2025 SRI NEEL GOGOI @ NILA GOGOI S/O SRI PHANIDHAR GOGOI R/O WARD NO.1, NEAR WATER SUPPLY, GOLAGHAT, P.O. AND P.S. GOLAGHAT, PIN- 785621, DIST. GOLAGHAT, ASSAM VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. H C SARMA, Advocate for the Respondent : PP, ASSAM, :: BEFORE :: HON’BLE MR. JUSTICE PARTHIVJYOTI SAIKIA O R D E R 17.02.2025 Heard the learned counsel Mr. H.C. Sarma representing the petitioner. I Page No.# 2/3 have also heard Mr. D.P. Goswami, the learned Addl. Public Prosecutor, Assam. 2. This is an application under Section 483 of the BNSS, 2023 whereby the petitioner Sri Neel Gogoi @ Nila Gogoi has prayed for releasing him on regular bail after he was arrested in connected with Golaghat P.S. Case No.10/2025 under Section 191(2)/126(2)/117(2)/304(2)/109(1)/296/351(2)/132 of the BNS, 2023. 3. It is alleged in the FIR that on the day of occurrence at about 11 P.M., the husband and son of the informant were beaten up by the present petitioner along with four other persons. The informant is the wife. She has alleged that the present petitioner and other miscreants allegedly snatched away a mobile phone as well as cash amount of ₹1500/- from her son. 4. Mr. Sarma submits that on the day of occurrence, the husband of the informant had caused injuries to the present petitioner, for which he had to spend one night at Golaghat Civil Hospital. The discharge certificate is also annexed along with the record. 5. Though in the FIR, it is alleged that miscreants used share weapon during the incident, there is no allegation of any sharp weapon injuries caused to the son and the husband of the informant. 6. The petitioner has already spent 32 days in judicial custody. 7. I have considered the submissions by the learned counsel of both sides. 8. This Court is of the opinion that under the given circumstance, the petitioner does not deserve to be detained in custody for any further period of time. Therefore, his bail application is allowed. 9. The petitioner Sri Neel Gogoi @ Nila Gogoi who was arrested in connected with Golaghat P.S. Case No.10/2025 under Section 191(2)/126(2)/117(2)/304(2)/109(1)/296/351(2)/132 of the BNS, 2023, shall be released on bail of ₹25,000/- with a surety of like amount to the satisfaction of the Page No.# 3/3 Chief Judicial Magistrate, Golaghat. With the aforesaid direction, the bail application is disposed of. JUDGE Comparing Assistant