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2025 DAILYLAW 8080 (GAU)

SRI BIJU BAROY v. THE STATE OF ASSAM

Bail Appln./513/2025 · 2025-03-02

Parthivjyoti Saikia

body2025

Judgment text

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Page No.# 1/2 GAHC010038122025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./513/2025 SRI BIJU BAROY S/O SRI KESHAB RANJAN BAROY RESIDENT OF PANITANKI, NEAR BIHU FIELED, BHASKAR NAGAR, NEW GUWAHATI RAILWAY COLONEY, BAMUNIMAIDAN, PS CHANDMARI, KAMRUP METRO, GUWAHATI, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. N C DAS, MR R ALOM,MR. S K SINGHA Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 03.03.2025 Heard Mr. N.C. Das, the learned counsel appearing for the petitioner. Also heard Mr. RR Kaushik, the learned Additional Public Prosecutor appearing for the State of Assam. 2. This is an application under Section 483 of the BNSS, 2023, whereby the petitioner, Biju Baroy has prayed for releasing him on bail after he was arrested in connection with Page No.# 2/2 Chandmari P.S. Case No. 19/2025. 3. One lady/informant has alleged in the FIR that the petitioner assaulted her with a sharp weapon and caused injuries on her neck and chest. She has stated that she refused the proposal of love made by the petitioner and that is the reason why she was attacked. 4. The petitioner was caught red-handed while he was trying to steal some construction materials from a construction site at Jyotinagar Ganesh Mandir. Three other persons were also caught red-handed 5. The petitioner has already completed 31 days in judicial custody. 6. The learned counsel for the petitioner has submitted that the petitioner has to appear in Class-IX Annual Examination at New Guwahati Railway Colony High School. Her date of birth is 14.07.2006. 7. I have considered the submissions made by the learned counsel of both sides. 8. The petitioner is below 19 years of age and he has already spent 31 days in judicial custody. 9. This Court is of the opinion that under the given circumstances of the case, the petitioner no longer deserves to be detained in custody. Therefore, the bail application of the petitioner is allowed. 10. It is hereby directed that the petitioner, Biju Baroy, who was arrested in connection with Chandmari P.S. Case No. 19/2025, shall be released on bail of ₹20,000/- with a surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Kamrup (M), Guwahati, Assam. With the aforesaid direction, the bail application stands disposed of. The CD shall be returned. JUDGE Comparing Assistant