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2025 DAILYLAW 8549 (GAU)

ROUSHAN BASFOR @ PREM BASFOR v. THE STATE OF ASSAM

Bail Appln./585/2025 · 2025-03-02

Parthivjyoti Saikia

body2025

Judgment text

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Page No.# 1/2 GAHC010044592025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./585/2025 ROUSHAN BASFOR @ PREM BASFOR S/O RAMJI BASFOR R/O VILL-MUNICIPALITY BOARD WARDN O. 7, P.S. KOKRAJHAR DIST. KOKRAJHAR,BTR, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MD B ISLAM, MR A ALAM,MR S HUSSAIN,MR. A A MONDAL Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 03.03.2025 1. Heard Mr. B. Islam, learned counsel for the petitioner. Also heard Mr. D. P. Goswami, learned Additional Public Prosecutor for the State of Assam. 2. This is an application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, whereby the petitioner Sri. Roushan Basfor @ Prem Basfor prayed for releasing him on bail after he was arrested in connection with in connection with Kokrajhar Police Station Case No.264/2024. Page No.# 2/2 3. It is alleged in the FIR that on 05/11/2024, the minor girl of the informant was kidnapped by the present petitioner. 4. Learned Additional Public Prosecutor has submitted that the statement of the victim girl recorded under Section 183 of the BNSS, 2023 will be required. 5. The learned counsel for the petitioner submits that the petitioner is below 18 years of age and the Medical certificate available on records shows that the petitioner was 17 years of age at the relevant time. 6. Accordingly, the learned counsel for the petitioner submits that the petitioner was born on 01.11.2006. 7. Learned counsel for the petitioner submits that he got the birth certificate of the petitioner lately that is why he could not file the said birth certificate along with the supporting documents. 8. I have considered the submissions made by learned counsel for both the sides. 9. The victim girl was reportedly recovered and the accused petitioner seems to be below 18 years of age. 6. The petitioner has already spent 13 days in judicial custody. 10. Considering his age, the bail application is allowed. 11. Accordingly, the petitioner Sri. Roushan Basfor @ Prem Basfor, who was arrested in connection with Kokrajhar Police Station Case No.264/2024 shall be released on bail of Rs.20,000/- with a surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Kokrajhar. 12. The present bail application stands disposed of. JUDGE Comparing Assistant