Dilip Saikia v. The State of Assam

Page No.# 1/3 GAHC010241302024

2024:GAU-AS:12124

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3503/2024 DILIP SAIKIA S/O LATE DURGESWAR SAIKIA, R/O VILL-NILAKH KAILASHPUR, P.O. NILAKH CHARIALI, P.S. SILAPATHAR DIST. DHEMAJI, ASSAM PIN-787110 VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. J A AHMED, MR L HUSSAIN Advocate for the Respondent : PP, ASSAM,

BEFORE HON'BLE MR. JUSTICE MANASH RANJAN PATHAK

02/12/2024 Heard Mr. J A Ahmed, learned counsel for the petitioner and Mr. B Sarma, learned Additional Public Prosecutor, Assam for the State respondent.

¶2This application under Section 483 of BNSS, 2023 has been filed by the petitioner, namely, Sri Dilip Saikia, son of Late Durgeswar Saikia, resident of Village-Nilakh Kailashpur, P.S. Silapathar, District-Dhemaji, seeking bail in Silapathar P.S. Case No. 209/2024 registered under Sections 61(2)/143(4) of BNS read with Sections 75/81 of the Juvenile Justice (Care and Page No.# 2/3 Protection of Children) Act, 2015, corresponding to G.R. No. 489/2024, wherein he was arrested on 30.10.2024 and is in custody since then.

¶3As per the FIR of the case dated 28.10.2024 lodged by the Chairperson of the Child Welfare Committee (CWC), Dhemaji to the effect that on 04.10.2024, a baby girl was born to a parents from a village under Silapathar Police Station at Assam Medical College & Hospital

(AMCH), Dibrugarh. But the parents abandoned the said baby girl and fled away from the said hospital. On coming to know about that the child helpline Dhemaji conducted an enquiry and directed the parents to appear before the CWC, Dhemaji to which the parents of the said girl child disobeyed. Later, on 26.10.2024 they claimed that the child died on the way to home from AMCH, Dibrugarh and accordingly, they cremated the said child in the bank of the river Brahmaputra. During the enquiry, it was learnt that the parents of the said newly born girl child sold her to Smti. Baby Pegu Sorahia and her husband, Rajesh Sorahia with the help of the present petitioner and another, Babul Bora. Accordingly, said FIR was registered as Silapathar P.S. Case No. 209/2024 under Sections 61(2)/143(4) of BNS.

¶4Perused the case diary placed before the Court today by Mr. Sarma, learned Additional Public Prosecutor, Assam.

¶5From the note of the Investigating Officer of the case as well as the statement of the mother, i.e., the parents of the said girl child, it is seen that while they returned to AMCH, Dibrugarh to take their newly born girl child, they had to wait for some time for release of the said baby from the hospital and that said Smti. Baby Pegu Sorahia and her husband, Rajesh Sorahia, filed their application for adoption of a baby who were at AMCH, Dibrugarh and at that point of time asked them as to whether they will give their baby to them. Accordingly, they agreed and handed over the baby to the Sorahia couple.

¶6Finding such materials in the case diary without any implication of the petitioner in the case, particularly the note of the concerned Investigating Officer, this Court is of the view that further custodial detention of the petitioner, named above, is not warranted to investigate the said Silapathar P.S. Case No. 209/2024. As such, this bail application of the petitioner in said Silapathar P.S. Case is accepted.

¶7Accordingly, the petitioner, namely, Sri Dilip Saikia, be released on bail in said Page No.# 3/3 Silapathar P.S. Case No. 209/2024 registered under Sections 61(2)/143(4) of BNS read with Sections 75/81 of the Juvenile Justice (Care and Protection of Children) Act, 2015, corresponding to G.R. No. 489/2024, on furnishing a bail bond of Rs.20,000/- with 2 (two) local sureties each of the like amount to the satisfaction of the learned Chief Judicial Magistrate, Dhemaji, on conditions that the petitioner – (i) shall appear before the Investigating Officer of said Silapathar P.S. Case No. 209/2024 as and when he is required for necessary investigation of the case; (ii) shall not leave the territorial jurisdiction of Silapathar Police Station, without obtaining prior written permission from the concerned Investigating Officer of the case; (iii) shall not hamper with the investigation, or tamper with the evidence of the case; (iv) 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 them from disclosing such facts to the Court or to any police officer and (v) shall not involve himself in any criminal activities in future, failing which, the bail granted to him in said Silapathar P.S. Case No. 209/2024 shall stand automatically vacated.

¶8Bail application accordingly stands allowed to the extent above.

¶9Return the case diary.

JUDGE Comparing Assistant