Biplab Mazumder vs The State Of Assam
2025 Latest Caselaw 3764 Gua

Gauhati High Court

Biplab Mazumder vs The State Of Assam on 5 March, 2025

                                                                        Page No.# 1/2

GAHC010044582025




                            THE GAUHATI HIGH COURT
     (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                              Case No. : Bail Appln./622/2025

            BIPLAB MAZUMDER
            SON OF BABUL MAZUMDER
            R/O VILL-EKINPUR
            P.S. PRBARI, DIST. SOUTH TRIPURA, TRIPURA.
            P.S. DTDC TRANSPORT HATHKHOWAPARA, PS. AZARA,
            DIST. KAMRUP (M), ASSAM

            VERSUS

            THE STATE OF ASSAM
            REP BY THE PP, ASSAM



Advocate for the Petitioner : MR. A K BHUYAN, MR A SHARMA,MR J DAS,MR A
TALUKDAR,MR. A KHOUND,MS B BORA,MS. N CHOUDHURY

Advocate for the Respondent : PP, SSAM,




                                  BEFORE
                HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA

                                          ORDER

Date : 05.03.2025

1. Heard Mr. A. K. Bhuyan, learned counsel for the petitioner. Also heard Mr. R. R. Kaushik, learned Additional Public Prosecutor for the State.

2. This application under Section 483 of BNSS, 2023 has been filed by the petitioner, namely, Biplab Mazumder, who has been detained behind the bars since Page No.# 2/2

10.01.2025 in connection with Azara P.S. Case No. 129/2025.

3. The learned counsel for the petitioner has submitted that in the instant case there has been violation of the mandate of Apex Court in the case of " Uday Chand and Ors. -Vs- Sheikh Mohd. Abdullah, Chief Minister, J&K and Ors." reported in "(1983) 2 SCC 417" in as much as the petitioner was also arrested in connection with Azara P.S. Case No. 6/2025 wherein he has already been granted bail by this Court by order dated 18.02.2025 passed in Bail Application No. 189/2025.

4. The learned counsel of the petitioner has submitted that when the petitioner was arrested in connection with Azara P.S. Case No. 6/2025 and when he was produced before the Court in connection with said case the fact that another case i.e., the present case (Azara P.S. Case No. 129/2025) is also pending against him was not disclosed either to him or to the Court, and, therefore, there has been a violation of the mandate of the Apex Court in the aforesaid Judgment and on that ground itself the learned counsel for the petitioner has submitted that the petitioner is entitled to get bail.

5. For considering the instant bail application in the light of the submissions made by the learned counsel of the petitioner, this Court is of considered view that perusal of the case diary would be necessary, hence, call for the same.

6. List this matter again on 17th of March, 2025.

JUDGE

Comparing Assistant