Page No.# 1/4 GAHC010005922025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./97/2025 MRS SIMA BEGOM AND ANR W/O EDUL ALI R/O UDAINAGAR WARD NO. 5, RAILWAY STATION ROAD, P.S. GOLAGHAT, DIST. GOLAGHAT, ASSAM 2: MD IDUL ALI @ EDUL ALI S/O MD. NUZURUDDIN AHMED R/O UDAINAGAR WARD NO. 5 RAILWAY STATION ROAD P.S. GOLAGHAT DIST. GOLAGHAT ASSA VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. K BORUAH, MS. P BORAH,MR. M ALAM Advocate for the Respondent : PP, ASSAM, Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 11.02.2025 1. Heard Ms. P. Borah, the learned counsel for the petitioners. Also heard Mr. R.J. Baruah, the learned Additional Public Prosecutor, Assam. 2. This application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita(BNSS), 2023 has been filed by the petitioners, namely, 1. Mrs. Sima Begum, 2. Md. Idul Ali@Edul Ali, who has been detained behind the bars since 10.01.2025 (for last 69 days) in connection with Silapathar P.S. Case No. 232/2024 under Section 61(2)/143(4) of the BNS, 2023 read with Section 81 of the Juvenile Justice (Care and Protection)Act, 2015. 3. The gist of accusation in this case is that on 03.12.2024, one Rupali Deka Borgohain, Chairperson of the Child Welfare Committee, Dhemaji had lodged an FIR before the Officer-In-Charge of Silapathar Police Station inter alia alleging that a baby girl which was born to the petitioner No. 1 on 25.09.2024 was sold by their biological parents to one Smti. Sunita Devi, for monetary considerations. 4. The learned counsel for the petitioners has submitted that the petitioners were ignorant about the provisions of the Juvenile Justice (Care and Protection) Act, 2015 and the legal requirement to be followed for giving the child in adoption. 5. The learned counsel submits that the petitioners handed over Page No.# 3/4 their child for better future of the child. 6. The learned counsel for the petitioners also submits that considering that the present petitioners are detained behind the bars since last 69 days and considering the period of detention, they may be allowed to go on bail. 7. On the other hand, the learned Additional Public Prosecutor, Assam, Mr. R.J. Baruah has produced the Case Diary of Silapathar P.S. Case No. 232/2024 and has submitted that in this case, there is a violation of the mandatory procedural requirement to be followed while taking or giving a child in adoption. He, however, submits that the investigation has fairly progressed. 8. Considering the submissions made by the learned counsel for the parties and considering the fact that the petitioners are detained behind the bars for last 69 days and also considering the fact that investigation has fairly progressed, this Court is of the considered opinion that further custodial detention of the above-named petitioners may not be necessary if they co-operate in the investigation. 9. In view of the above, the above-named petitioners are hereby allowed to go on bail of Rs. 30,000/- (Rupees Thirty Thousand) each with a suitable surety of like amount each, subject to the satisfaction of the learned Chief Judicial Magistrate, Dhemaji with the following conditions that:- (a) the petitioners shall not hamper with the investigation and tamper with the evidence of the case; Page No.# 4/4 (b) the petitioners shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer. 10. With the above observations, this bail application is hereby disposed of. 11. Return the case diary. JUDGE Comparing Assistant