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2026 DAILYLAW 335 (GAU)

MUZAMEL DEWAN ALIAS MUJAMMIL DEWAN v. THE STATE OF ASSAM

Bail Appln./225/2026 · 2026-01-29

Parthivjyoti Saikia

body2026

Judgment text

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Page No.# 1/2 GAHC010012942026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./225/2026 MUZAMEL DEWAN ALIAS MUJAMMIL DEWAN S/O ABU TALIB DEWAN, R/O VILL GANAKPARA, PO MAKRIKUCHI, PS TARABARI, DIST BARPETA, ASSAM, PIN 781305 VERSUS THE STATE OF ASSAM TO BE REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. J ABBAS, SK ABDULLAH,MR. A NAYAK Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER 30.01.2026 Heard Mr. J. Abbas, learned counsel for the petitioner. Also heard Mr. K K Das, learned Additional Public Prosecutor, Assam. This is an application filed under Section 483 of the BNSS, 2023 whereby the petitioner Muzamel Dewan @ Mujammil Dewan has prayed for releasing him on bail after he was arrested in connection with Basistha P.S. Case No. 07/2026. In the FIR dated 03.02.2026, it is alleged that the petitioner along with some other persons had beaten up Page No.# 2/2 another person and the said person had succumbed to his injuries. It is stated that some other persons were already released on bail in this case. The learned Additional Public Prosecutor, Assam has submitted that Police has submitted charge sheet in this case being C.S. No. 29/2026 dated 27.01.2026. From the record, it appears that the deceased person was beaten up on a requisition of theft. Though the name of the present petitioner is in the FIR, his exact role is not clear. Mr. Abbas has submitted that period of detention should be taken as a ground for releasing the petitioner on bail. The learned Additional Public Prosecutor has insisted on calling for the Case Diary. I have considered the submissions made by the learned counsel for both the sides. This court is of the opinion that under the given circumstances, the petitioner does not deserve to be detained in custody any longer. Hence, the prayer for bail of the petitioner is allowed. Accordingly, the petitioner, Muzamel Dewan @ Mujammil Dewan, who is in custody in connection with Basistha P.S. Case No. 07/2026, is allowed to go on bail of Rs.25,000/- with one surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Kamrup (M), Guwahati. With the above, the bail application is disposed of. JUDGE Comparing Assistant