Page No.# 1/4 GAHC010162182025 2025:GAU-AS:10250 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2374/2025 BRAJEN DAS S/O LATE HAREN DAS VILL- KETTALA PATHAR, P.S. BEHALI DIST. BISWANATH, ASSAM, PIN-784166. VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. M KHATANIAR, MR B DEKA,MR. P KAKATI Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER Date : 06.08.2025 Heard Mr. M. Khataniar, learned counsel for the petitioner. Also heard Mr. P. Borthakur, learned Additional Public Prosecutor for the State respondent. Page No.# 2/4 2. This is an application under Section 483 of BNSS, 2023 praying for grant of bail to the accused/petitioner, who has been arrested in connection with Behali P.S. Case No. 67/2025, under Sections 108/351(2)/3(5) of BNS. 3. Case Diary has been received and I have perused the same. Also perused the copy of the suicide note produced before this Court, which is stated to be sent by the I.O. through Whatsapp to the learned Additional Public Prosecutor. 4. It is submitted by Mr. Khataniar, learned counsel for the petitioner, that the present accused/petitioner is innocent and he has not committed any such offence as alleged in the F.I.R. He neither made any instigation to the deceased to take such steps or committing suicide, nor there is any allegation of abatement against the present petitioner. It is a fact that he was working as Assistant Teacher in the school wherein the deceased was the principal of the said school and he merely assisted the deceased in purchasing some grocery as well as other items for the mid day meal. However, he did not misuse any fund and he used to submit the bills etc. to the deceased upon purchasing of items for mid-day meal scheme through cheque or the cash, which was provided to him by the principal. Further he submitted that the accused/petitioner is in custody for last 32 days and there is sufficient progress in investigation of this case, including the recovery of the suicide note by the I.O., and hence, his further custodial interrogation may not be required for the purpose of investigation. 5. Mr. Borthakur, learned Additional Public Prosecutor, submitted this regard that the present petitioner, along with the Block Elementary Education Officer Page No.# 3/4 (BEEO), allegedly exerted mental pressure on the deceased by spreading rumors of fund misappropriation under the mid-day meal scheme, which led her to take the extreme step of committing suicide. Further he submitted that as per suicide note, the petitioner, along with others, attempted to implicate the deceased in the alleged anomalies in the mid-day meal fund, which caused her deep humiliation and ultimately led her to take the extreme step. Accordingly, Mr. Borthakur submitted that further custodial interrogation of the present petitioner may be required for the purpose of investigation. 6. After hearing the submissions made by the learned counsel for both sides and also on perusal of the Case Diary, it is seen that the present petitioner was working as an Assistant Teacher in the said school during the relevant period. Further, from the statement made by the accused, it is also seen that in the month of March, 2025, he got transferred to another school. However, he again rejoined in the said school in the month of June, 2025 and since March 2025, he had not dealt with any kind of mid-day meal scheme. However, there is some incrimination against the present petitioner in creating mental pressure on the deceased and he brought some allegation against the deceased regarding the anomalies in the mid-day meal scheme. 7. However, considering all aspects of the case and also considering the length of detention already undergone by the accused/petitioner, I find that further custodial interrogation of the present accused/petitioner may not be necessary for the purpose of investigation. 8. Accordingly, it is provided that on furnishing a bond of Rs. 30,000/- Page No.# 4/4 (Rupees thirty thousand) only with one surety of like amount to the satisfaction of the learned SDJM, Biswanath, the accused/petitioner, namely, Brajen Das, 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, threat 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 SDJM, Biswanath, without prior permission. 9. In terms of above, this bail application stands disposed of. 10. Case Diary be returned. JUDGE Comparing Assistant