Page No.# 1/4 GAHC010170902025 2025:GAU-AS:12877 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2574/2025 NURUDDIN HOQUE SARKAR S/O JAMINUL HOQUE SARKAR, R/O VILL- BESHBARI NO. 1, P.S. MANIKPUR, DIST. BONGAIGAON, ASSAM VERSUS THE STATE OF ASSAM REP. BY THE PP,ASSAM Advocate for the Petitioner : MR. M KHAN, MS J AKTAR,MR A K DAS Advocate for the Respondent : PP, ASSAM, MR. M RAHMAN(INFORMANT) BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS ORDER 18.09.2025 1. Heard Mr. M. Khan, learned counsel for the petitioner and Mr. M. Rahman, learned counsel appearing for the informant/respondent no.2. Also heard Mr. P. Borthakur, learned Additional Public Prosecutor for the State. Page No.# 2/4 2. This petition under Section 483 of the BNSS, 2023 has been filed by the accused petitioner, namely, 1. Nuruddin Hoque Sarkar, has prayed for regular bail in connection with Manikpur P.S Case No.88/2025 under Section 108 of BNS, 2023. 3. The allegation in the FIR is that the informant’s 2nd daughter was in relationship with the accused No.1, who was also involved in physical relationship with promise of marriage. Subsequently, though marriage was promised but ultimately did not take effect and unfortunately, the victim committed suicide. 4. It is submitted by the learned counsel for the petitioner that pursuant to his arrest, the present accused has been in pre-trial detention for about 52 days. In support of his contentions, the petitioner’s side has relied upon the judgment of the Hon’ble Supreme Court in Criminal Appeal No.551/2012, which lays down certain principles regarding Section 306 IPC. 5. Case diary as called for has been received and I have perused the relevant portions thereof. 6. The learned Additional Public Prosecutor for the State submits that suicide note and the statements of the witnesses are available, along with their implications. 7. The learned counsel appearing for the informant/respondent no.2, submits that the materials reveals instigation of the unfortunate girl to commit suicide and therefore, the accused persons are rightly being prosecuted under Section 108 BNSS (formerly Section 306 IPC). 8. I have carefully perused the suicide note. Though there is an allegation in the FIR about the accused persons feeding poison to the Page No.# 3/4 girl but the same is not stated in the suicide note. 9. The learned Additional Public Prosecutor for the State has submitted upon a query by the Court that the same is also not revealed from the statements of the witnesses. From the materials, it is clear that the accused and the deceased were in a relationship, during which she had an expectation/assurance of marriage. The parties along with other family members also appeared before the police station and where there was an assurance that the accused would solemnize the said marriage. However, the marriage did not take place and eventually, the girl’s death occurred. 10. The police have seized suicide note and one bottle of Aluminum Phosphide with a suspicious smell. The materials in the case diary stated that the girl committed suicide at her home. 11. The learned Additional Public Prosecutor for the State and the learned counsel appearing for the informant/respondent no.2 opposes the grant of bail to the accused. 12. For successful prosecution for an offence of abetment to the suicide – the ingredients of aid, instigation or conspiracy upon the victim to commit suicide should be available. Without expressing any opinion on the merits of the case, but considering the progress of the investigation and the length of detention of the accused (52 days) vis- à-vis, the statutory period of 60 days – I am of the considered view that the accused should be granted bail at this stage. 13. Accordingly, the above-named accused petitioner is allowed to go on bail of Rs.25,000/- (Rupees Twenty Five Thousand) only with Page No.# 4/4 one surety of like amount subject to the satisfaction of the concerned learned court with following conditions: (i) That the accused shall not intimidate or harass the informant and his family members; (ii) That the accused shall not hamper or tamper with evidence. 14. Violation of bail conditions might entail cancellation of the bail. 15. Return back the case diary. 16. With the above observations, this bail petition stands allowed and stands disposed of. JUDGE Comparing Assistant