Page No.# 1/4 GAHC010154082025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Bail Appln./2253/2025 NILAY KUMAR S/O- NAWAL KISHORE OJHA. R/O- BASANPUR. P.S.- BANIAPUR DIST.- CHAPRA BIHAR. PRESENT ADDRESS.- RAMNAGARI SECTOR-IV NEAR KHUSHI MEDICAL HALL P.S.- RAJIV NAGAR PATNA BIHAR. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP ASSAM ------------ Advocate for : MR. D SARMAH Advocate for : PP ASSAM appearing for THE STATE OF ASSAM BEFORE Page No.# 2/4 HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER Date : --04.08.2025 Heard Mr. D. Sarmah, the learned counsel for the petitioner and also heard Mr. B. Sharma, the learned Additional Public Prosecutor appearing on behalf of the State respondent. 2. This is an application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, with prayer for bail as the petitioner is behind bars since 06.07.2025 in connection with Dispur P.S. Case No. 529/2025 u/s 108 of BNS, 2023. 3. It is submitted by Mr. D. Sarmah that the present accused/petitioner is innocent and he is no way available in the alleged offence. It is a fact that the present accused/petitioner was also a Teacher in the Affinity Group wherein the deceased was also working as a Teacher. But, subsequently there was a Memorandum of Understanding between the co-accused Ankit Kumar and the deceased and as per the said Memorandum of Understanding the deceased was 90% shareholder and the said co-accused Ankit Kumar was 10% shareholder. But, the present petitioner has no business transactions with the deceased and basically he is only a Teacher and presently after leaving the said group of institution he shifted himself to Gurgaon. The allegation against the present petitioner is that he has spread rumour against the institution of the deceased to defame him in the society. Further, considering the case that the petitioner is in custody for 29 days and considering his length of detention, he may be enlarged on bail. 4. Mr. Borthakur, the learned Additional Public Prosecutor submitted in this Page No.# 3/4 regard that considering the materials in the Case Diary , it reveals that the present accused/petitioner along with the other co-accused also mentally harassed the deceased while spreading some rumour against the institution of the deceased and thus he is also involved in the alleged offence causing tremendous mental harassment to the deceased. Mr. Borthakur accordingly raised objection and submitted that it is not a fit case to extend the privilege of bail to the present petitioner at this stage. 5. Hearing the submissions made by learned counsel for both sides, considering the materials available in the suicide note and all other aspect of the case including the period of detention already undergone by the petitioner, I find that further custodial interrogation may not be necessary for the purpose of investigation. 6. Accordingly, the accused/petitioner is released on bail on furnishing a bond of Rs. 20,000/- (Rupees twenty thousand) only with one surety of like amount to the satisfaction of the learned Sessions Judge, Baksa. The accused/petitioner, namely, Nilay Kumar be enlarged on bail, subject to the following conditions:- (i) that the petitioner shall make himself available for interrogation by the Investigating Officer as and when required; (ii) that the petitioner shall not, directly or indirectly, make any inducement, threaten or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer; and (iii) that the petitioner shall not leave the jurisdiction of the learned Sessions Judge, Baksa without prior permission. Page No.# 4/4 The Bail Application stands disposed of. JUDGE Comparing Assistant