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2025 DAILYLAW 24747 (GAU)

DR RANJAN SAIKIA v. THE STATE OF ASSAM

Bail Appln./3866/2025 · 2025-12-08

Rajesh Mazumdar

body2025

Judgment text

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Page No.# 1/4 GAHC010265492025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3866/2025 DR RANJAN SAIKIA S/O LILA SAIKIA, R/O-RAHA TOWN, P.O AND P.S - RAHA, DISTRICT - NAGAON, ASSAM, PIN - 782103 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM. Advocate for the Petitioner : MS. P SAHARIA, MR J K BORDOLOI,C SARMA,MR. P MAHANTA Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE RAJESH MAZUMDAR ORDER 09.12.2025 Heard Mr. P. Mahanta, learned counsel for the petitioner. Also heard Mr. K. K. Das, learned Addl. P.P., Assam appearing for the State. This is an application under Section 483 of the BNSS, 2023 praying for bail to the petitioner, viz., Dr. Ranjan Saikia in connection with Raha P.S. Case No.129/2025 registered under Sections 319(2)/316(2)/ 336(2)/125/271 of the BNS, 2023. Page No.# 2/4 The petitioner has been arrested on 01.11.2025 on the basis of an F.I.R. lodged by the Registrar, Anti-Quackery & Vigilance Officer, Assam Council of Medical Registration alleging that the petitioner had been practicing as a Gastroenterologist at Hira Medical Call, Raha, Nagaon where he mentioned his Registration No.A1118 on his prescription letter head. It was further alleged that the petitioner had claimed on his letter- head that he holds a PGD in Gastroenterology and has ACGE qualification from Medvarsity (Apollo). It was alleged in the F.I.R. that Gastroenterology is a super speciality medical qualification and the doctors who have an MD in Medicine can seek admission to this Cours and after qualifying the DM Gastroenterology degree is provided. Based on the aforesaid allegation, the petitioner was arrested on 01.11.2025 and since then he has been in custody. Mr. Mahanta, learned counsel for the petitioner has submitted that the petitioner is a certified graduate in BHMS examination held in the month of October, 2007 where he passed it from Dr. J. K. Saikia Homoeopathic Medical College, Jorhat. The learned counsel has further stated that the Registration No. used by the petitioner is regarding his registration with the Board of Homeopathic System of Medicine, Assam, Guwahati and does not relate to the registration under Assam Council of Medical Registration. He further submits that the present case is a case of mistake of the registration number. The learned counsel further refers to the certificates issued by the Medvarsity Online Limited where he had Page No.# 3/4 undertaken an advance certificate course in Gastroenterology and Postgraduate Diploma in Gastroenterology. The learned counsel for the petitioner has also submitted that the petitioner is also appointed as Medical Officer (Homoeo) of School Health Programme in DAGAON BPHC, Nagaon and serving under the National Rural Health Mission. The petitioner was last posted at Bhurbandha under Nagaon District. The learned counsel has, therefore, submitted that the petitioner may be granted the privilege of release on bail in connection with the aforesaid case. The learned Addl. P.P. has objected to the prayer by stating that Medvarsity does not offer the degrees as claimed by the petitioner and therefore, it is a case where the petitioner has used the fake degrees on his letter head. The learned Addl. P.P. has further submitted that there are some evidence where the petitioner has prescribed allopathic medicine although he claims to be a homeopathic doctor. He, therefore, prays the prayer for bail may be rejected at this stage. This Court has gone through the materials available on record and has perused the Case Diary which is produced by the learned Addl. P.P. Since it is not in dispute that the petitioner is a homeopathic doctor and is registered under the Board of Homeopathic System of Medicine, Assam, Guwahati, this Court is of the considered opinion that the petitioner can be enlarged on bail. Page No.# 4/4 Accordingly, it is directed that the petitioner may be enlarged on bail on furnishing a bail bond of Rs.20,000/- with two sureties of like nature to the satisfaction of the learned Chief Judicial Magistrate, Nagaon subject to the following conditions :- (1) That the petitioner shall cooperate with the investigation and shall appear before the I.O. as and when called for; (2) That the petitioner shall regularly appear during the trial, if one commences and shall not try to influence or intimidate the witnesses in any manner; (3) That the petitioner shall not commit any offence while on bail. (4) That the petitioner shall not leave the jurisdiction of the learned Chief Judicial Magistrate, Nagaon without prior permission. The Bail Application stands disposed of. Return the Case Diary. JUDGE Comparing Assistant