The court confirmed the principle that a party apprehending arrest must cooperate with an investigation to qualify for interim bail while clarifying discrepancies in the FIR regarding the victim's age.

ORDER

Date : 28.07.2025

1.

Heard Mr. S. Sarma, learned senior counsel assisted by Mr. A. Gautam, learned counsel for the petitioner. Also heard Mr. K. K. Parasar, learned Additional Public Prosecutor for the State.

2. This application under Section 482 of BNS S, 2023 has been filed by the petitioner, namely, Dipok Kumar Neog, who is apprehending his arrest in connection with Moran P.S. Case No. 75/2025 under Sections 6 1(2)/64(1)/98 of BNS read with Section 6 of the POCSO Act , 2012 as well as Section 81 of the JJ Act and added Sections 143(4)/ 212(a)/ 212(b)/ 238/ 336(2)/ 340(2) of BNS and Section 80 of the JJ Act .

3. The gist of accusation in this case is that on 16.07.2025, one Bijay Kharia, who claims himself to be a Gaon Pradhan of Village No. 1 Kachamari village had lodged an FIR before the Officer-in-charge of Moran Police Station, inter alia, alleging that the victim girl “XXX” (name is withheld), who is a minor, had gave birth to an illegitimate child on 27.06.2025 in a private hospital and thereafter the family members have sold the baby.

4. The learned senior counsel for the petitioner has submitted that the petitioner is a gynecologist working in Brahmaputra Diagnostica and Hospital Limited in Dibrugarh. He further submits that on 23.06.2025, a female aged about 20 years was admitted in the hospital with critical condition of pregnancy and her delivery was done in the same hospital and after the delivery, both the newborn as well as the mother were discharged.

5. The learned senior counsel for the petitioner submits that thereafter the FIR dated 16.07.2025 was lodged. The learned senior counsel for the petitioner has submitted that the petitioner is in no way involved in the offence alleged in the FIR and he has only done his professional duty. He, however, submits that the Investigating Officer of the case came to the hospital where the petitioner is working and threatened that the nurses and doctors of the hospital may have to be arrested for abetment of offences alleged in the FIR and, therefore, the petitioner is apprehending his arrest.

6. The learned senior counsel for the petitioner submits that the petitioner is ready to co-operate in the investigation.

7. On the other hand, learned Additional Public Prosecutor submits that though in the FIR, it has been mentioned that the victim is a minor, however, from the admission slip/registration card of the victim girl, which is annexed as Annexure-5 in the bail application, it appears that the victim was of 20 years of age. He, however, submits that the truth will be revealed only after the perusal of the case diary and, therefore, prays for calling of the case diary.

8. Let the case diary be called for.

9. List this matter again on 20^th of August, 2025.

10. In the meanwhile, considering the submissions made by the learned senior counsel for the petitioner, as discussed in the following paragraph, the above named petitioner is directed to appear before the Investigating Officer of Moran P.S. Case No. 75/2025 within seven days from the date of this order and co-operate in the investigation. If he does so, within the stipulated period of time, in the event of his arrest, in connection with the above noted case, he shall be allowed to go on interim bail of Rs.30,000/- (Rupees Thirty Thousand) with one surety of like amount subject to the satisfaction of the arresting authority, with following conditions:-

(i) That the petitioner shall not directly or indirectly make any inducement, threat or promise to any person who may be acquainted with the facts of the case so as to dissuade such person from disclosing such facts of the case befo