Page No.# 1/3 GAHC010213192025 2025:GAU-AS:12930 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3077/2025 ANICHUR RAHMAN ANICHUR RAHMAN, S/O MD. AZIBAR RAHMAN, R/O VILL. BHADAIPARA, P.S. ABHAYAPURI, DIST. BONGAIGAON, ASSAM. VERSUS THE STATE OF ASSAM REPRESENTED BY PP, ASSAM Advocate for the Petitioner : MR. A CHAUDHURY, MR D BORAH,MR. N MAHAJAN,MR. P K DAS Advocate for the Respondent : PP, ASSAM, B E F O R E HON’BLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER 18.09.2025 Heard Mr. B Mahajan, learned counsel for the petitioner. Also heard Mr. B Sarma, learned Addl. Public Prosecutor. 2. This is an application under Section 483 of the BNSS, 2023 for granting Page No.# 2/3 bail to the accused/petitioner, namely, Anichur Rahman, who has been arrested on 08.09.2025 in connection with Kokrajhar Police Station Case No. 216/2025, under Section 319(2)/316(2)/336(2)/125/271 of BNS, 2023. 3. On 5/9/2025 the informant lodged an FIR before the Officer-in-Charge of Kokrajhar Police Station alleging inter-alia that the FIR named accused person, who is engaged as a Medical Officer of the Mobile Medical Unit (MMU) run by the National Health Mission (NHM) under the Administrative Control of the Joint Director of Health Services, Kokrajhar with fake and forged qualifications and registration since he has not possessed any qualification recognized by the law to practice modern medicine and also not registered in the Assam Council of Medical Registration and Indian Medical Registry, which is mandatory for all medical graduates and hence the case. 4. It is submitted that on behalf of the petitioner that besides violation of Section 35(3) of the BNSS, all the Sections except Section 316(2) mentioned in the FIR are bailable. As far as the allegations made in the FIR are concerned, prima facie it appears that Section 316 of the BNS relating to criminal breach of trust is not attracted. On the other hand, the learned Addl. Public Prosecutor opposes the prayer for bail at this stage. 5. However, considering the fact that prima facie no non-bailable offence is attracted in the given allegations reflected in the FIR and also considering the fact that the petitioner has already spent about 10 days in custody, further detention of the petitioner is not considered necessary. 6. Accordingly, the prayer for bail is allowed. 7. The accused abovenamed shall be released on bail of Rs. 50,000/- with Page No.# 3/3 two surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Kokrajhar Court, BTR, Assam. 8. Considering the above, this Bail Application is disposed off as allowed. JUDGE Comparing Assistant