Page No.# 1/4 GAHC010157502025 2025:GAU-AS:10336 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2345/2025 MILAN DAS S/O LATE HARICHARAN DAS R/O VILL- KALJAR, P.S. BOROMA, DIST. BAKSA, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR P DAS, MS N BARUAH Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER Date : 07-08-2025 Heard Mr. P. Das, the learned counsel for the petitioner and also heard Mr. P. Borthakur, the learned Additional Public Prosecutor appearing on behalf of State respondent. Page No.# 2/4 2. This is an application u/s 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 for granting regular bail to the accused/petitioner who is arrested on 07.07.2025 in connection with Behali P.S. Case No. 67/2025 u/s 108/351(2)/3(5) of Bharatiya Nyaya Sanhita, 2023. 3. Case Diary received. Perused the same. 4. It is submitted by Mr. Das that the present accused/petitioner was discharging his duty as a BEEO and he received some complaint against the deceased in distributing the mid-day meal as well as the school uniform and on which basis he made an enquiry and to that effect he also issued show-cause notice to the deceased where the deceased also replied to the show-cause notice and made explanation regarding delay in distributing the school uniform and in regards the mid-day meal. The said explanation was given by the deceased on 01.07.2025 in pursuant to the show-cause notice/enquiry made by the present petitioner. He further submitted that the show-cause notice or enquiry was made by the petitioner only within his official capacity and there was no personal grudge against the victim. The enquiry made by the present petitioner cannot be considered as an instigation or abatement to commit suicide to fulfill the ingredients of Section 108 of BNS. Mr. Das further submitted that the accused/petitioner is in custody since last 31 days and thus the I/O got sufficient opportunity to interrogate him in custody. However, the present petitioner is still ready and willing to cooperate the I/O in further investigation of this case, if he is granted with the privilege of bail. 5. Mr. Borthakur, the learned Additional Public Prosecutor submitted in this regard that the present petitioner put immense mental pressure on the victim for which she had to take such drastic step and committed suicide. Further, he submitted that the suicide note also reveals that she took the step only due to Page No.# 3/4 mental pressure exerted on her by the present petitioner. Mr. Borthakur further submitted that there is no show-cause notice or show-cause reply available in the case record though it is stated by the petitioner that out of enquiry he issued show-cause notice to the deceased/the victim. 6. In that context Mr. Das, the learned counsel for the petitioner submitted that the alleged incident had occurred on 06.07.2025 and immediately on the next date, the present petitioner was arrested in connection with the said case and hence every documents in relating to enquiry of the show cause reply etc. are lying in the office of the petitioner which may be collected by the I/O during investigation. 7. Hearing the submissions made by learned counsel for both sides, I have also perused the Case Diary and it is seen that there are some incriminating materials against the present accused/petitioner wherein it is alleged that due to immense mental pressure on the victim she had to commit suicide and suicide note also reveals the name of the present petitioner who was discharging duty as the BEEO. But, from the Case Diary it is admitted that enquiry was conducted by the present petitioner on receiving complaint regarding the anomalies in distributing the mid-day meal and school uniform by the deceased and it is also fact that the petitioner conducted the enquiry etc. only under his official capacity. 8. Considering the materials available in the Case Diary, other aspects of the case and also considering the length of detention already undergone by the accused/petitioner, I find that the I/O got sufficient opportunity to interrogate the accused/petitioner keeping him in custody and thus further custodial interrogation may not be required for the interest of the investigation. Page No.# 4/4 9. In view of this, I find that further custodial interrogation may not be necessary for further investigation of this case and extend the privilege of bail to the petitioner. 10. Accordingly, the accused/petitioner be 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 SDJM, Biswanath, Biswanath Chariali. The accused/petitioner, namely, Milan Das be enlarged on bail, subject to the following conditions:- (i) that the petitioner shall appear before the SDJM, Biswanath, Biswanath Chariali on each and every date. (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/them 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 SDJM, Biswanath, Biswanath Chariali without prior permission. The Bail Application stands disposed of. JUDGE Comparing Assistant