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2026 DAILYLAW 17293 (GAU)

SEKHAR ACHARIA v. THE STATE OF ASSAM

Bail Appln./3916/2025 · 2026-01-05

Pranjal Das

Public Interest Litigationbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010265582025 2026:GAU-AS:170 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3916/2025 SEKHAR ACHARIA S/O LATE AMULYA BHUSAN ACHARIYA, R/O PAILAPOOL, LABOCROAD, P.S. LAKHIPUR, DIST. CACHAR, ASSAM, PIN 788103 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM. Advocate for the Petitioner : MR. S C BISWAS, MR. MEHUL SHAH,MS. A DAS,MS. U NANDA,MS. J GHOSH Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS ORDER Date : 06.01.2026 Heard Mr. S.C. Biswas, learned counsel for the petitioner. Also heard Mr. R.J. Baruah, learned Additional Public Prosecutor for the State. Page No.# 2/3 2. This application filed under section 483 of the Bharatiya Nagarik Suraskha Sanhita, 2023, the accused petitioner namely, Sekhar Acharia, has prayed for bail in connection with Lakhipur P.S. Case No. 145/2025 (GR No. 193/2025) under Section 319(2)/316(2)/336(2)/125/271 of BNS, 2023. 3. The accused was arrested on 05.11.2025. 4. The gist of the allegation as alleged in the FIR dated 03.11.2025 filed by the Anti Quackery Vigilance Officer, Assam Council of Medical Registration, Office of the Directorate of Medical Education, Assam is that the accused applicant has been practicing as a medical practitioner in Pilapool at Cachar without having required qualification as per the norms of the Medical Council of India. 5. The case diary has been received and it is submitted by the learned prosecution that investigation is still under progress. The learned counsel for the petitioner submits that the applicable statutory period would be 60 days which is already over and he has been judicial custody for last 63 days. It is also submitted that the petitioner is presently hospitalized suffering from heart ailments in the nature of blockages, and relevant medical documents have been placed on record. 6. In the given facts and circumstances and considering the length of detention as on date – I am of the considered view that he can be released on bail at this stage, subject to conditions. 7. Accordingly, the accused-petitioner, named above, shall be released on bail in connection with Lakhipur P.S. Case No. 145/2025 (GR No. 193/2025) under Section 319(2)/316(2)/336(2)/125/271 of BNS, 2023, on Page No.# 3/3 furnishing bail bond of Rs.25,000/- with one suitable surety of the like amount to the satisfaction of learned concerned court (CJM, Cachar, Silchar). 8. The direction for bail is further subject to the following conditions: (a) That the petitioner shall cooperate with remaining investigation; (b) That the petitioner shall be available for trial in the event of charge sheet being filed and trial commencing against him; (c) That the petitioner shall not hamper or tamper with evidence; (d) That the petitioner shall not in any manner try to influence any witnesses; and (e) That the petitioner shall not misuse his liberty to commit any offences or illegal activities. 9. 9. Violation or breach of any condition(s) shall entail cancellation of bail. 10. With the above observations, this bail petition stands allowed and disposed of accordingly. 11. Send back the case diary. JUDGE Comparing Assistant