Page No.# 1/4 GAHC010175612025 2025:GAU-AS:11816 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2584/2025 DELBOR ALI S/O- SAMAD ALI. R/O- VILL.- FOLIMARI PT-I, P.O. AND P.S.- CHAPAR, DIST.- DHUBRI, ASSAM, PIN - 783371. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP ASSAM Advocate for the Petitioner : MR. K M HASSAN, Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER Date : 01.09.2025 Heard Mr. K. M. Hussain, learned counsel for the accused petitioner. Also heard Ms. S. H. Bora, learned Addl. P.P., appearing for the State respondent. 2. This is an application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 for granting bail to the accused petitioner in connection Page No.# 2/4 with Sessions Case No. 43/2025, pending before the learned Addl. District and Sessions Judge, Bilasipara under Sections 296/115(2)/89/ of BNS, 2023, arising out of Chapar PS Case No. 78/2025 under Sections 332(b)/296/115(2)/117(2)/89/ 3(5)of BNS 2023. 3. The brief facts of the case are that on 21.05.2025, one Hasida Khatun lodged an FIR before the Chapar Police Station alleging that the accused petitioner has committed an offence whereby, the accused person along with another person assaulted her daughter namely, Rosenara Begum with a brick. It has also been alleged in the FIR that her daughter was 5 months pregnant at that time and due to assault with a piece of brick on her abdomen, a miscarriage occurred. It has also been alleged that in the FIR, that the injured daughter was taken to the Chapar Hospital in a critical condition and letter on, she was referred to Bongaigaon Civil Hospital. It has also been alleged that on 21.05.2025, at around 2 PM when the ultra sonography test was conducted on the injured daughter of the informant, it was found that the unborn child was no longer alive. On receipt of the FIR, the police registered Chapar P.S. Case No. 78/2025 under Sections 332(b)/296/115(2)/117(2)/89/3(5) of BNS,2023. 4. After investigation, the investigating police file a Charge Sheet dated 20.06.2025 under Sections 296/89/115(2) of BNS, 2023 against the accused petitioner. The accused petitioner was arrested on 25.05.2025 and since then he is in the judicial custody. 5. The learned counsel appearing for the accused applicant submits that the accused applicant is no way connected with the alleged offence and the allegations made in the FIR are totally false. 6. He further submits that during medical examination of the informant, the Page No.# 3/4 Superintendant of Swagat Hospital and Research Center on 14.06.2025, submitted a medical report to the Officer-in-Charge of Chapar Police Station, which clearly shows that the reason for the miscarriage could not ascertained during the medical examination. Therefore, he submits that the accused applicant was, infact, arrested on suspicion without any material basis, as Section 89 BNS is also not attracted to that facts of the case, as is apparent from the medical report submitted by the Superintendant of Swagat Hospital and Research Center. He submits that the accused applicant is already inside the jail for more than 3 (three) months and his custodial interrogation is also no more required. 7. He further submits that the Charge Sheet filed in the instant case also shows that the alleged offence whereby the daughter of the informant suffered miscarriage is factually not correct as the same could not be ascertained even after the medical examination. 8. In view of the aforesaid submissions, the learned counsel for the petitioner prays for allowing that the accused applicant to be released on bail. 9. Per contra, the learned APP appearing for the State respondent submits that there are sufficient materials against the accused applicant before the investigating authority and therefore, the charge sheet was filed against the accused applicant. She submits that the accused petitioner had voluntarily injured the informant’s daughter hitting with a brick and due to that, the informant’s daughter suffered miscarriage, which clearly establishes an offence punishable under Section 89 of the BNS, which is a non-bailable offence. She further submits that the offence alleged against the accused applicant is of serious nature, therefore, she submits that the instant bail application may be rejected . Page No.# 4/4 10. The scanned copy of the TCR has been submitted for perusal. This Court after hearing the counsels for both the sides, taking into account the materials in the Case Diary as well as the entire case, is of the opinion that this is a fit case wherein, the accused applicant may be released on bail. This Court has also taken into account that there is no material against the accused applicant being a regular offender having previous criminal antecedents. 11. In view of the above observations of this Court, the accused applicant is directed to be released on bail on furnishing a bail bond of Rupees 25,000/- (Rupees Twenty Five Thousand) with a surety of like amount with following conditions: 1. That the accused/applicant shall cooperate with the investigation and appear before the I.O. of the case as and when called for; 2. That the accused/applicant shall not hamper and temper with the evidence of the case in any manner. 12. With the above, the instant Bail Application stands disposed of. JUDGE Comparing Assistant