Bail Appln./1043/2026 of DR PARTHA SARATHI ACHARJEE Vs THE STATE OF ASSAM on 27 April 2026

ORDER

28.04.2026 Heard Mr. Alhaji I Uddin, learned counsel for the petitioner. Also heard Mr. P. Borthakur, learned Addl. P.P appearing for the State. This application has been filed under section 483 of the Bharatiya Nagarik Suraskha Sanhita, 2023, whereby the accused/petitioner namely, Dr. Partha Sarthi Acharjee, has prayed for bail in connection with Lanka P.S. Case No. 41/2026 under Section 105/94/238/61(2)/3(5) of BNS, 2023. The petitioner was arrested on 13-03-2026 in connection with this case.

The case arose out of an FIR dated 13.03.2026 lodged by one Anish Das and stated that on the same day in the afternoon when he went out of the house after having lunch, he saw the petitioner who was a doctor along with a lady and youth in a vehicle stopping near the national highway and the woman had a newborn baby. It is alleged that thereafter, three persons moved towards the house of Sahadev Das and he also saw a dao and knife in their hands. It is also stated that earlier also he had seen the petitioner/doctor visiting the house of Sahadev Das. It is also alleged that at the relevant time, Sahadev Das and his wife were not at home and he saw the petitioner and the two others entering the house and after 10 minutes, they returned back. After returning from the house, the newborn baby was not with him. It is alleged that he suspected that the accused killed the newborn baby and buried the dead body somewhere in the backside of the house of Sahadev Das. This is the subsequent bail application. The earlier application was rejected on 02.04.2026 after perusal of Case Diary for the reasons stated therein. The updated Case Diary was called for and the same is received. Mr. P. Borthakur, the learned Additional Public Prosecutor submits that while investigation has sufficiently progressed but the owner of the Lanka Medical Clinic where the alleged incident stated to have taken place has not yet been arrested or his presence has not yet been procured. Despite the said aspect of the matter and also considering the length of detention and the progress of investigation, I am of the considered view that this particular accused/petitioner can be granted bail at this stage. In such view of the matter, allowing this subsequent bail application, the accused/petitioner is hereby allowed to go on bail of ₹50,000 with one surety of the like amount to the satisfaction of the concerned learned CJM, Hojai, and subject to the following conditions; he shall co-operate with remaining investigation; he shall not tamper or tamper with evidence; he shall not try to influence or harass any witnesses. Violation of the bail conditions shall entail cancellation of the bail. The bail petition stands allowed and disposed of.

JUDGE Comparing Assistant