Page No.# 1/3 GAHC010079352025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1164/2025 ACHINI KUMAR PHUKAN S/O- LATE GIRIN PHUKAN , R/O- VILLAGE BIBIJAN, P.S- TITABOR, DIST- JORHAT, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP ASSAM Advocate for the Petitioner : MR PARAM HANGKHA KONWAR, MR P H KONWAR,MR. D CHUTIA Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 05.05.2025 1. Heard Mr. D. Chutia, the learned counsel for the petitioner. Also heard Mr. P.S. Lahkar, the learned Additional Public Prosecutor appearing Page No.# 2/3 for the State of Assam. 2. This application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the petitioner, namely, Mr Achini Kr. Phukan, who has been detained behind the bars since 6th April, 2025 (for the last 29 days) in connection with Dhemaji P.S. Case No. 38/2025, under Section 108 of the Bharatiya Nyaya Sanhita, 2023. 3. The gist of accusation in this case is that on 08.03.2025, one Sri Sangkar Patowary had lodged an FIR before the Officer-in-Charge of Dhemaji Police Station, inter alia, alleging that on 02.03.2025, he came to know that in between 11:00 AM and 12:00 PM, his daughter, Meghna Patowary, was aged about 24 years committed suicide by hanging herself from a ceiling fan and thereafter, after checking her mobile phone, the informant came to know that the accused was in constant with her and therefore, he suspects that the present petitioner has instigated his daughter to commit suicide. 4. The learned counsel for the petitioner has submitted that the allegation levelled against the petitioner is not true and he is not involved in any manner in the offence as alleged in the FIR. 5. The learned counsel for the petitioner has also submitted that the petitioner has been detained behind the bars for the last 29 days and considering the period of detention, he may be allowed to go on bail. 6. On the other hand, Mr. P.S. Lahkar, the learned Additional Public Prosecutor has produced the Case Diary of Dhemaji P.S. Case No. 38/2025. Page No.# 3/3 7. On perusal of the Case Diary, it appears that the deceased was known to the petitioner and there was a friendship between both of them. However, as on date, there is nothing in the Case Diary which shows that the petitioner instigated the commission of suicide by the deceased. 8. Further, cconsidering the period of detention undergone by the petitioner, his further custodial detention does not appear to be necessary, if he cooperates in the investigation, for fair completion of the investigation. 9. In view of the above, the above-named petitioner is allowed to go on bail of Rs. 30,000/- with a suitable surety of like amount, subject to the satisfaction of the learned Chief Judicial Magistrate, Dhemaji with following conditions that:- (i) the petitioner shall co-operate in the investigation; and (ii) the petitioner shall not directly or indirectly make any inducement, threat or promise to the informant or to any other persons who may be acquainted with the facts of the case so as to dissuade such person from disclosing such facts before the Investigating Officer or to any Court. 10. With the above observations, this bail application is accordingly disposed of. 11. Send back the Case Diary. JUDGE Comparing Assistant