Page No.# 1/4 GAHC010139492025 2025:GAU-AS:10064 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2079/2025 KANKAN DAS ALIAS KANKAN MADAHI S/O PARAMA MADAHI R/O VILL- TARABARI, P.S. SIMLA DIST. BAKSA, ASSAM PRESENT ADDRESS- C/O HARIHAR SINGHA VILL- BAGAPARA P.S. PATACHARKUCHI DIST. BAJALI, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. N K KALITA, MR D DEKA Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 04.08.2025 1. Heard Md. N.K. Kalita, the learned counsel for the petitioner. Also Page No.# 2/4 heard Mr. B. Sarma, the learned Additional Public Prosecutor, for the State of Assam. 2. This application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita(BNSS), 2023 has been filed by the petitioner, namely, Kankan Das @ Kankan Madahi, who has been shown arrested in connection with Mushalpur P.S. Case No. 37/2025, on 16.06.2025, under Section 108 of BNS, 2023. 3. The gist of accusation in this case is that on 14.05.2025 one Anjan Das had lodged an FIR before the In-Charge of Athiabari Police Outpost under Mushalpur police station, inter alia, alleging that on that day, the mother of the informant found the other elder brother of the informant, namely, Dipankar Das had committed suicide by hanging. 4. It is alleged in the FIR that the elder brother of the informant committed suicide due to mental torture. 5. It is also alleged in the FIR that the elder brother of the informant committed suicide as the present petitioner by assuring him to help him to avail loan from Bandhan Bank took the PAN card, Aadhaar card, Voter ID card and other documents. And he later on found that the huge amount of money was transacted in his account though he himself did not do any monetary transaction. 6. The learned counsel for the petitioner has submitted that the petitioner is not involved in the offence alleged in the FIR and he has in no manner abetted the commission of the suicide by the elder brother of the informant. Page No.# 3/4 7. It is submitted by the learned counsel for the petitioner that the petitioner is a business executive under HDFC Life Insurance and has a small family comprising of aged parents, wife and 4(four) year old child and has been languishing behind the bars in the aforesaid case since 16.06.2025. 8. On the other hand, the learned Additional Public Prosecutor, has produced the Case Diary of Mushalpur P.S. Case No. 37/2025, and has opposed the grant of bail to the present petitioner. He submits that there are sufficient incriminating materials in the Case Diary against the present petitioner and the investigation of this case as well as connected case, i.e., Mushalpur P.S. Case No. 38/2025, is at very crucial stage. 9. I have considered the submission made by the learned counsel for both sides and has produced the case diary of Mushalpur P.S. Case No. 37/2025. 10. On perusal of the Case Diary, it appears that although there are incriminating materials against the petitioner in the Case Diary, however, as the offence involved in this case entails maximum punishment which may extend to 10(ten) years and as the petitioner has already been detained behind the bars in connection with this case for last 49 days, therefore, considering the period of detention of the petitioner, this Court is of opinion that if he cooperates in the investigation, his custodial interrogation may not be necessary for fair completion of the investigation of Mushalpur P.S. Case No. 37/2025. 11. In view of the above, the above-named petitioner is allowed to Page No.# 4/4 go on bail of Rs. 30,000/- (Rupees Thirty Thousand only) with a suitable surety of like amount, subject to the satisfaction of the learned Chief Judicial Magistrate Baksa, Mushalpur with following conditions:- (i) the petitioner shall co-operate in the investigation as and when so required; and (ii) the petitioner shall not directly or indirectly make any inducement, threat or promise to the informant or to any other person 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. 12. With the above observation, this bail application is accordingly, disposed of. 13. Send back the Case Diary. JUDGE Comparing Assistant