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2025 DAILYLAW 7767 (GAU)

JAYDEV MAZUMDAR @ JOYDEV MAJUMDER v. THE STATE OF ASSAM

Bail Appln./440/2025 · 2025-02-18

Parthivjyoti Saikia

body2025

Judgment text

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Page No.# 1/2 GAHC010033672025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./440/2025 JAYDEV MAZUMDAR @ JOYDEV MAJUMDER S/O NIRANJAN MAZUMDAR RESIDENT OF BIRUBARI, SANKARPUR, PS PALTAN BAZAR DIST KAMRUPM ASSAM 781016 VERSUS THE STATE OF ASSAM REP BYTHE PP ASSAM Advocate for the Petitioner : MR A BRAHMA, M K DEB,MR. A LAL Advocate for the Respondent : PP, ASSAM, :: BEFORE :: HON’BLE MR. JUSTICE PARTHIVJYOTI SAIKIA O R D E R 19.02.2025 Heard Mr. A. Lal, the learned counsel appearing for the petitioner. Also heard Mr. D.P. Goswami, the learned Addl. Public Prosecutor, Assam. 2. This is an application under Section 483 of the BNSS, 2023 praying for regular bail in respect of Page No.# 2/2 Gorchuk P.S. Case 17/2025 under Sections 262/132/121/109/117(2) of the BNS, 2023. 3. The petitioner was earlier arrested by police on acquisition that he had snatched away a mobile phone of the informant of that case. On the basis of the FIR, police registered Paltanbazar P.S. Case No.18/2025. In that case, the petitioner was allowed to go on interim bail on the ground that he is a 19 years old boy and was going to appear in the Higher Secondary Examination. 4. It may be stated that during investigation of the case, the petitioner led police party for recovery of the said mobile phone. At that time, it is alleged that the petitioner had snatched away the loaded pistol from a police officer and therefore, the other police officials, present there, had to fire some shots at the petitioner. As a result of which, he sustained injuries on his legs. On the aforesaid allegation, police registered the present case. 5. I have considered the submissions made by the learned counsel of both sides. 6. It is submitted that the petitioner, because of the bullet injuries on his legs, has been under total medical treatment. 7. The petitioner is a 19 year old boy and there is no doubt to the fact. 8. Considering the age of the petitioner, this Court is of the opinion that the petitioner no longer deserves to be detained in custody. His bail application is allowed. 9. The petitioner Jaydev Mazumdar @ Joydev Majumder who was arrested in connection with Gorchuk P.S. Case 17/2025 under Sections 262/132/121/109/117(2) of the BNS, 2023, shall be released on bail of ₹25,000/- with a surety of like amount to the satisfaction of the Chief Judicial Magistrate, Kamrup (M), Guwahati. With the aforesaid direction, the bail application is disposed of. JUDGE Comparing Assistant