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2025 DAILYLAW 24369 (GAU)

NIKUNJA ROY AND 3 ORS. v. THE STATE OF ASSAM

Bail Appln./3358/2025 · 2025-10-26

Sanjeev Kumar Sharma

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/2 GAHC010230942025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3358/2025 NIKUNJA ROY AND 3 ORS. SON OF ANIL ROY 2: NABA ROY ALIAS NABADEEP DEKA SON OF GANESH ROY 3: ABINASH ROY SON OF LATE JAGANNATH ROY 4: HOMESHWAR ROY SON OF LATE GADA ROY ALL ARE RESIDENT OF KURUBAHA PATASARKUCHI DIST. BAJALI ASSA VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR N J DAS, Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER Page No.# 2/2 Date : 27-10-2025 Heard Mr. D. Talukdar, learned counsel for the petitioner. Also heard Mr. R.J. Baruah, learned Additional Public Prosecutor appearing for the State. This is an application under Section 483 of BNSS, 2023 praying for release of the petitioners namely, 1. Nikunja Roy 2. Naba Roy @ Nabadeep Deka 3. Abinash Roy and 4. Homeshwar Roy on bail in connection with Patasarkuchi P.S. Case No. 192/2025 under Sections 108/3(5) BNS, 2023. The gist of the case is that the deceased committed suicide on 09.10.2025 and in this respect, a suicide note was found on the mobile number of the wife of the deceased, wherein, the present petitioners have been implicated as having abetted the suicide. The reason for the suicide is that the petitioners took the deceased to task for not constructing the pandel that he had contracted to do on account of marriage of the sister of the petitioner No.3. It also appears from the enquiry report that the petitioners were arrested inter alia on the ground that the incident has created tension in the locality and it appears that no police custody was sought for and the petitioners were remanded to judicial custody and in the meantime they have spent 17 days in custody. Having regard to the long line of decisions pronounced by the Hon’ble Supreme Court with regard to the abetment of suicide and the given facts and circumstance of the case, further detention of the petitioners is not considered to be necessary. Accordingly, the prayer for bail is allowed. The petitioners named above are allowed to go on bail on furnishing a bail bond of Rs.20,000/- (Rupees twenty thousand) each with a surety of the like amount to the satisfaction of learned CJM, Bajali in connection with the aforesaid case. Bail application stands disposed of. JUDGE Comparing Assistant