Fulchan Badsha @ Phul Chand Badsha v. The State of Assam

PageoNo.#o1/2 GAHC010060172024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oBailoAppln./864/2024o FULCHANoBADSHAo@oPHULoCHANDoBADSHAo S/OoMAINoUDDINo R/OoBHELAGAON,o P.S.oBARPETAo DIST.oBARPETA,oASSAM VERSUSo THEoSTATEoOFoASSAMo REPoBYoTHEoPP,oASSAM AdvocateoforotheoPetitionerooooo:oMS.oA.oMEDHIo AdvocateoforotheoRespondento:oPP,oASSAMoo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo ::kBEFOREk::k HON'BLEkMR.kJUSTICEkPARTHIVJYOTIkSAIKIA kOkkkRkkkDkkkEkkkRk

22.03.2024 o Heard Ms. A. Medhi, the learned counsel appearing for the petitioner as well as Ms. A. Begum, the learned Addl. Public Prosecutor representing the State of Assam/Opposite Party No.1. Page No.# 2/2

¶2This is an application filed by the petitioner Fulchan Badsha @ Phul Chand Badsha under Section 439 of the CrPC in respect of Hatigaon P.S. Case No.47/2024, registered under Section 379 of the Indian Penal Code.

¶3Today, Ms. Medhi has pointed out that the petitioner is only 17 years old and his Birth Certificate has been produced before this Court, which shows that the petitioner was born on 30.04.2006.

¶4Since the petitioner is only 17 years old, he should not be detained in jail.

¶5The Investigating Officer of this case is directed to produce the petitioner before the concerned Juvenile Justice Board. With the aforesaid direction, the bail application is disposed of.

JUDGE Comparing Assistant