Anticipatory bail granted with conditions for cooperation, emphasizing the importance of supporting ongoing investigations while addressing allegations of involvement in serious criminal offenses.

ORDER

08.08.2025 Heard Mr. M. Kalita, learned counsel for the petitioners. Also heard Mr. K.K.

Parasar, learned Addl. P.P., Assam.

2. This application under Section 482 of BNS S has been filed by the petitioners, namely (i) Dr. Simanta Jyoti Taye and (ii) Smti. Manashi Baruah Taye, who are apprehending their arrest in connection with Moran P.S. Case No.75/2025 under Sections 61(2)/64(1)/98 of BNS read with Section 6 of POCSO Act , 2012 read with Section 81 of the Juvenile Justice (Care and Protection of Children) Act , 2015 and added Sections 143(4)/212(a)/212(b)/238/336(2)/340(2) of BNS read with Section 80 of the Juvenile Justice (Care and Protection of Children) Act , 2015.

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 counsel for the petitioners have submitted that the petitioner No.1 is a Gynecologist and Obstetrician, whereas the petitioner No.2 is the Director of Kayakin Healthcare located at Demow and they are in no way connected with the offences involved in this case. He submits that both the petitioners had received notice under Section 35(3) of BNSS in connection with the aforesaid case and they have complied with the said notice and appeared before the Investigating Officer. The learned counsel for the petitioners has submitted that in spite of that the petitioners were threatened by the Investigating Officer that they may be arrested in connection with the case and therefore, they have approached this Court by filing the instant anticipatory bail application. The learned counsel for the petitioners has also submitted that in a connected case filed by some of the co-accused the Court has called for the case diary and fixed the said case, i.e., (AB No.1778/2025) on 20.08.2025. Hence, the learned counsel for the petitioners has also prayed for fixing this case on the said date, after granting interim protection to the petitioners.

5. On the other hand, the learned Addl. Public Prosecutor has prayed for calling of the case diary.

6. Let the case diary be called for.

7. Let this case be listed along with AB No.1778/2025 on 20.08.2025.

8. In the meanwhile, considering the submissions made by the learned counsel for the petitioners, as discussed in the foregoing paragraphs, the above named petitioners are directed to appear before the Investigating Officer of Moran P.S. Case No.75/2025 within 7(seven) days from the date of this order and co-operate in the investigation. If they do so, within the stipulated period of time, in the event of their arrest, in connection with the above noted case, they shall be allowed to go on interim bail of Rs.30,000/- (Rupees Thirty Thousand) each with one surety of like amount subject to the satisfaction of the arresting authority, with following conditions:-

i. That the petitioners 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 before the Investigating Officer;

ii. That the petitioners shall co-operate in the investigation;

9. List accordingly.