Page No.# 1/3 GAHC010101142025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1612/2025 AKHTISAM HOQUE @ AKHTISAM AHSAN HAQUE SON OF AHSANUAL HOQUE, RESIDENT OF RITURAJ APARTMENT, 2ND FLOOR, BLOCK B-2E, SOUTH SARANIA, PS- PALTANBAZAR, DIST- KAMRUP (M), ASSAM. VERSUS THE STATE OF ASSAM TO BE REPRESENTED BY THE LEARNED PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR A R BHUYAN, MR M KHAN,MR S ABDULLAH Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 26.05.2025 1. Heard Mr. A. R. Bhuyan, the learned counsel for the petitioner. Also heard Mr. K. Baishaya, the learned Additional Public Prosecutor for the State respondent. 2. This application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the petitioner, namely, Akhtisam Hoque @ Page No.# 2/3 Akhtisam Ahsan Haque, who has been detained behind the bars since 24.04.2025 in connection with Paltan Bazar P. S. Case No. 122/2025 under Sections 132/121(2)/296/79 of the BNS, 2023. 3. The gist of the accusation in this case is that on 23.04.2024, one Pranati Gogoi, SI of Police, had lodged an FIR before the Officer-in-Charge of Paltan Bazar Police Station that when the police reached the house of the present petitioner to investigate in connection with another case, i.e., Paltan Bazar P. S. Case No. 97/2025 under Sections 305(a) of the BNS, 2023 against the present petitioner. 4. He had assaulted the police officials and uttered obscene language to lady police officers. 5. The learned counsel for the petitioner has submitted that the petitioner is suffering from mental ailment and was under treatment of psychiatrist. 6. He also submit that the petitioner was also granted bail in connection with Paltan Bazar P. S. Case No. 97/2025, considering his medical condition. 7. He submits that the petitioner require special psychiatric treatment which may not be available in jail. 8. On the other hand, the learned Additional Public Prosecutor has submitted that though, the case diary was called for , however the charge-sheet has already been laid, bearing the charge-sheet No. 99/2025 dated 29.04.2025. 9. Though, after the laying of the charge-sheet, the Trial Court, which is the best Court to consider the bail application in the first instance, however, considering the health condition of the present petitioner, this Court is of the opinion that he needs special treatment in respect of his mental ailment and, therefore, he may be allowed to go on bail of Rs. 30,000/- (Rupees Thirty Thousand only) with one suitable surety of like amount to the satisfaction of the Page No.# 3/3 learned Chief Judicial Magistrate, Kamrup subject to the following conditions: i. That the petitioner shall co-operate in the investigation. ii. That the petitioner shall not directly or indirectly make any inducement, threat or promise to any person who may be acquainted with the facts of the case, so as to dissuade such person from disclosing such facts of the case before the Investigating Officer. 10. This bail application is, accordingly disposed of. JUDGE Comparing Assistant