Page No.# 1/5 GAHC010192062025 2025:GAU-AS:16947 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2052/2025 JIARAT HUSSAIN @ J HUSSAIN S/O- ABDUR RAHMAN, R/O- VILLAGE AND P.O. SONKUCHI, P.S. BARPETA, PIN CODE- 781314, DISTRICT- BARPETA, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY P.P., ASSAM Advocate for the Petitioner : MR. B HUSSAIN, MR. A K HUSSAIN Advocate for the Respondent : PP, ASSAM, BEFORE HON’BLE MR. JUSTICE PRANJAL DAS O R D E R 08.12.2025 Heard Mr. A.K. Hussain, learned counsel for the petitioner. Also heard Mr. R.J. Baruah, learned Additional Public Prosecutor for the State. 2. This petition has been filed under Section 482 of the Bharatiya Nagarik Page No.# 2/5 Suraksha Sanhita, 2023, whereby the petitioner, namely, Jiarat Husain @ J. Hussain, has prayed for granting pre-arrest bail, apprehending arrest in connection with Howly P.S. Case No. 129/2024, corresponding to G.R. No.1128/2024, under Section 419/420/468/471 of IPC arises out of FIR lodged by one Jogeswar Barman on 24.07.2024. 3. The gist of accusation in this case is that on 24.07.2024, the Registrar of Assam State Dental Council had lodged a complaint before the Director General of Police, inter alia, alleging that the present petitioner has been practicing as a dental surgeon by showing fake registration certificate. 4. The learned counsel for the petitioner has submitted that the petitioner has done his BDS course from Kalka Dental College and Hospital and has also been registered under the provisions of Dentist Act, 1948 under Maharashtra State Dental Council. The learned counsel for the petitioner submits that as per Section 46 of the Dentist Act 1948, any dentist who has been registered in any of the State Council may practice in any other State without there being any necessity of re-registration in the concerned State. The learned counsel for the petitioner has also submitted that the petitioner was arrested in connection with Barpeta P.S. Case No. 151/2025, which was registered on the basis of similar accusations made against the petitioner. However, the Co-ordinate Bench of this Court, by its order dated 18.08.2025 in Bail Application No. 2658/2025, has allowed the petitioner to go on interim bail in that case. 5. The learned counsel for the petitioner has also referred to an information sought by the brother of the petitioner under RTI Act from Maharashtra State Dental Council. The said information is annexed as Annexure-21 to the instant bail application, wherein it has been informed that the present petitioner, namely, Jiarat Hussain, bearing registration No. A-50838 is a valid and bona fide Page No.# 3/5 registrant with Maharashtra State Dental Council and the Registration No. A- 50838 is genuine and duly recorded in Council's officials record. 6. The case diary as called for, has been received. 7. The learned Addl. P.P. Mr. R.G. Baruah, submits that during the course of investigation, the I.O. has made some queries to the Kalka Dental College, Meerut, from where the accused petitioner is supposed to have passed and reply has been provided by the Principal by letter dated 16.05.2025, where, it is stated that, as per the records, there is no student by that name enrolled with the institution; that no such student studied at Kalka Dental College, Meerut; that the signatures appearing on the submitted documents are inconsistent with the official records and appear to be unauthentic; that as per the records of their institution, as well as those maintained by the Dental Council of India and the affiliated University, no such student has enrolled or studied at the said Dental College. 8. During the investigation, the Investigating Officer, also made certain queries to the officials of the Maharashtra State Dental Council and with regard to the certificate of registration purportedly belonging to the accused petitioner and vide communication dated 16.06.2025, the Maharashtra State Dental Council, represented by the Registrar, replied that, as per the official records, person by the name of the accused/ petitioner is not registered with the Dental Council and the Identity Card vide registration No. A50838 is bogus and fake and that verification copy has also been furnished to the Assam Dental Council. 9. The learned Addl. 9. The learned Addl. P.P. further submits that the documents secured by the investigation from the Dental College, as well as the Dental Council of Maharashtra, clearly show that the accused/petitioner was never a bona fide Page No.# 4/5 student of the State College, nor did he register under the Maharashtra Dental Council and that the documents regarding the same submitted by him in this petition as well are all fake and manufactured and at least of doubtful veracity. 10. I have carefully perused the original documents received by the I/O from the Dental College and the Dental Council as referred to above. I have also perused the relevant portions of the case diary. The investigation has clearly revealed prima facie that the accused/petitioner was not a bona fide student of the State College, nor did he register with the Dental Council and that the documents to the contrary submitted by him may not be authentic. This is because the documents which have been procured by the I/O have to be accepted as genuine having been issued by the concerned authorities to the Investigating Officer of the police. 11. Practicing a branch of medicine, that too one involving surgical procedures, without having requisite qualifications or degrees, if true, not only amounts to playing fraud upon the Medical Council regulations, but also amounts to playing fraud upon the patients and public. 12. In the given facts and circumstances, the petitioner is not deserving of the privilege of anticipatory bail. 13. Accordingly, the interim bail granted to the accused/petitioner vide order dated 27.08.2025 stands vacated and the instant bail petition stands rejected at this stage. 14. Return back the case then. 15. The bail petition stands dismissed and disposed of. JUDGE Page No.# 5/5 Comparing Assistant