Page No.# 1/4 GAHC010139112026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1505/2026 AMAL SAIKIA SON OF LATE BHUMIDHAR SAIKIA, PERMANENT RESIDENT OF P.O.- CHARIALI, DISTRICT- BISWANATH, PIN- 784176, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR P KATAKI, SR. ADV., MR. R HAZARIKA,MR. C CHAKRAVARTY,MR D DAS,MR. I K BURAGOHAIN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER Date : 30.06.2026 Heard Mr. P. Kataki, learned Senior Advocate assisted by Mr. R. Hazarika, learned counsel for the accused/applicant. Also heard Ms. S.H. Bora, learned Additional Public Prosecutor appearing for the State of Assam. 2. This is an application under Section 482 of the BNSS, 2023 whereby the accused/applicant, Dr. Amal Saikia is seeking Anticipatory Bail apprehending Page No.# 2/4 arrest in connection with an FIR, which is registered as Biswanath Chariali Police Station case No. 141/2026, registered under Section 125/316(2)/336(4) of BNS, 2023 corresponding to GR Case No.334/2026. 3. An FIR was lodged on 28.06.2026 by one Mritunjyoy Borah before the Officer-In-Charge of Biswanath Chariali Police Station alleging inter-alia of medical negligence, forgery by inserting some new facts in old prescription, breach of trust etc. against the present accused/applicant as the wife of the informant gave birth to a female child with some physical disabilities under the supervision of the present accused/applicant, who is a medical doctor by profession. 4. On receipt of the FIR, the police registered the Biswanath Chariali Police Station case No. 141/2026 under the aforementioned sections. 5. Mr. P. Kataki, learned Senior Advocate appearing for the accused/applicant submits that there is no negligency on the part of the accused/applicant in the instant case. As far as the deficiency of the mother of the child is concerned, the same had been already intimated to the informant along with his wife during the physical examination of the mother of the child. He submits that this aspect of the matter has already been recorded in the prescription that has been issued to the wife of the informant. 6. He submits that the child was duly born but with certain deformities. He submits that certain examinations advised by the accused/applicant had not been followed by the informant’s wife and that may have caused such deformities. He submits that for those aspects of the matter, the accused/applicant cannot be held responsible under the Sections that have been mentioned in the FIR. He submits that the accused/applicant is a renowned Page No.# 3/4 Gynecologist of Biswanath Chariali and has been in medical practice for last 40 years. He submits that he is a responsible citizen and will fully co-operate with the investigation in the instant case and abide by whatever conditions that this Hon’ble Court may deem fit in the event of his prayer for pre-arrest bail is allowed. 7. Ms. S.H. Bora, learned Additional Public Prosecutor appearing for the State of Assam, on the other hand, opposes the prayer for pre-arrest bail and she submits that Section 35 (3) notice has already been issued to him and there is no apprehension as such. 8. This Court has heard the submissions made by the learned counsel for the respective parties and has also perused the documents and materials that have been enclosed in the instant bail application. 9. After considering the entire facts of the case, this Court is of the considered opinion that the accused/applicant should be given the privileged of pre-arrest bail at this stage. Accordingly, it is directed that in the event of arrest of the accused/applicant by the investigating authority in connection with Biswath Chariali Police Station case No. 141/2026, he shall be released on pre- arrest bail on furnishing of bail bond of Rs.50,000/- (Rupees fifty thousand) only with one surety of like amount to the satisfaction of the Arresting Authority subject to the following conditions:- 1. That the accused/applicant shall appear before the Investigating Officer within a period of 10(ten) days from today and such other dates as required; and co- operate with the investigation as and when required; 2. That the accused/applicant shall not hamper or Page No.# 4/4 tamper with the investigation in any manner; and 3. That the accused/applicant shall not, directly or indirectly, make any inducement, threat or promise to any person/witness acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to any police officer in connection to this Police Station Case. 10. In terms of the aforesaid directions, the instant Anticipatory Bail Applications stands disposed of as allowed. JUDGE Comparing Assistant