Page No.# 1/3 GAHC010248942024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/3099/2024 ROFIQUL ALOM S/O LATE SUKUR ALI R/O VILL- TUKRAPARA, P.O. TUKRAPARA, P.S. GOROIMARI, DIST. KAMRUP (R), ASSAM, PIN NO. 781137 VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR H R A CHOUDHURY, MS. A KAUSHAR,MR S ISLAM,MR. A CHOUDHURY Advocate for the Respondent : PP, ASSAM, :: BEFORE :: HON’BLE MR. JUSTICE PARTHIVJYOTI SAIKIA O R D E R 09.05.2025 Heard Mr. HRA Choudhury, the learned senior counsel assisted by Mr. S. Islam, the learned counsel appearing for the petitioner. Also heard Mr. P. Borthakur, the Page No.# 2/3 learned Addl. Public Prosecutor, Assam. 2. This is the second application filed by the petitioner Rofiqul Alom under Section 482 of the BNSS, 2023. The case relates to Goroimari P.S. Case No.70/2024. 3. The petitioner Rofiqul Alom runs a pharmacy. In the meantime, the deceased lady who was pregnant at that time, was suffering from fever. Therefore, her husband purchased some medicines from the pharmacy of the present petitioner. After consuming medicines, the pregnant woman started to suffer stomach pain. Rofiqul Alom allegedly told the woman that her baby had died inside her womb. After that, Rofiqul Alom wanted to bring out the dead baby from the womb of the said woman. Some surgical procedures were carried out by Rofiqul Alom. In that process, the woman became seriously ill. She had to be shifted at the GNRC Hospital, Amingaon and on 27.06.2024 the said woman died. 4. Mr. Borthakur has submitted that in the Case Diary, the cause of death has been mentioned as post operative case of medical termination of pregnancy. 5. Mr. Choudhury has submitted that the petitioner Rofiqul Alom did not perform any surgical operations. Rather, he advised her to take some medicines. According to Mr. Choudhury, when the pregnant woman became seriously ill, the villagers had pressured him to bear the expenses of her medical treatment. Accordingly, the petitioner spent a huge amount of money for treatment of the said woman till her death. 6. Mr. Borthakur has objected to the bail application on the ground that there are sufficient incriminating materials against the present petitioner. According to Mr. Borthakur, though the investigation is already completed but the charge sheet could not be filed because the Investigating Officer has not yet received the final Post- Mortem report. 7. I have considered the submissions made by the learned counsel of both sides. Page No.# 3/3 8. The investigation of the case is to be completed and at this stage keeping the petitioner in custody will not serve any purpose. After filing of the charge sheet, the petitioner will have the opportunity to face the trial. 9. For the aforesaid reasons, this Court is of the opinion that the bail application of the petitioner deserves to be accepted now. 10. Therefore, it is hereby directed that in the event of arrest in connection with Goroimari P.S. Case No.70/2024, the petitioner, Rofiqul Alom shall be released on bail of Rs.25,000/- with a surety of like amount to the satisfaction of the arresting authority. 11. The aforesaid petitioner shall co-operate with Investigating Officer if he is called for to that effect. With the aforesaid direction, the bail application is disposed of. JUDGE Comparing Assistant