Page No.# 1/4 GAHC010267652025 2025:GAU-AS:17174 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3946/2025 SAUVIK BHATTTACHARJEE SON OF ASHISH BHATTACHARJEE RESIDENT OF BANIARGOOL, P.S. BADARPUR, DIST. SRIBHUMI, ASSAM. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. S C BISWAS, MR. MEHUL SHAH,MS. S. CHANDA,MS. J GHOSH,MS. U NANDA Advocate for the Respondent : PP, ASSAM, BEFORE HON’BLE MR. JUSTICE PRANJAL DAS O R D E R 11.12.2025 Heard Mr. S.C. Biswas, learned counsel for the petitioner. Also heard Mr. R.J. Baruah, learned Addl. P.P. appearing for the State respondent. Page No.# 2/4 2. This application under Section 483 of BNSS, 2023 has been filed by the accused petitioner, namely, Sauvik Bhattacharjee, praying for grant of bail in connection with Badarpur P.S. Case No.186/2025, under Section 108/308(4) of the BNS, 2023. 3. The case arose out of FIR lodged by the brother of the deceased on 12.10.2025. It is alleged that on 11.10.2025 his sister committed by hanging and later from local people, he came to know that his sister had a love relationship with the accused and upon verifying her mobile number, regular chats were found. It is further alleged thereafter, his sister was cheated, as the accused did not marry her and arranged his married with another case. It is alleged that his sister was mentally broken down and therefore, she was committed suicide, which has pained the entire family. The accused was arrested on 13.10.2025. 4. The learned Addl. P.P. submits that in the meantime, the investigation has been completed and it resulted in the charge-sheet against the petitioner being C.S. No. 169/2025 dated 10.11.2025. The entire materials may be perused and the bail can be considered only on merits. 5. Mr. S.C. Biswas, learned counsel for the petitioner submits that the petitioner is willing to face the trial and prays for being granted bail. 6. The learned counsel for the petitioner has placed before the Court two recent judgments of the Hon’ble Supreme Court with regard to the law pertaining to the offence of abetment of suicide, namely, Ayyub & Ors Vs. State of Uttar Pradesh & Anr. reported in 2025 INSC 168 and Mahendra Awase Vs. State of Madhya Pradesh reported in 2025 INSC 76. 7. I have perused the relevant materials and considered the rival Page No.# 3/4 submissions. 8. From the FIR, prima facie, it appears to be sad story of breakdown of relationship and betrayal in love, leading to the suicide of the girl causing pain to the family. The law pertaining to abetment of suicide, the Section 306 IPC and new Section 108 of the BNS has been a subject of exposition of laws in recent times by the Hon’ble Supreme Court on the question of ingredients necessary to constitute abetment to suicide. 9. In this context, Mahendra Awase (supra) para-20 may be reproduced herein below:- “This Court has, over the last several decades, repeatedly reiterated the higher threshold, mandated by law for Section 306 IPC [Now Section 108 read with Section 45 of the Bharatiya Nyaya Sanhita, 2023] to be attracted. They however seem to have followed more in the breach. Section 306 IPC appears to be casually and too readily resorted to by the police. While the persons involved in genuine cases where the threshold is met should not be spared, the provision should not be deployed against individuals, only to assuage the immediate feelings of the distraught family of the deceased. The conduct of the proposed accused and the deceased, their interactions and conversations preceding the unfortunate death of the deceased should be approached from a practical point of view and not divorced from day-to-day realities of life. Hyperboles employed in exchanges should not, without anything more, be glorified as an instigation to commit suicide. It is time the investigating agencies are sensitised to the law laid down by this Court under Section 306 so that persons are not subjected to the abuse of process of a totally untenable prosecution. The trial courts also should exercise great caution and circumspection and should not adopt a play it safe syndrome by mechanically framing charges, even if the investigating agencies in a given case have shown utter disregard for the ingredients of Section 306.” 10. My attention has also been drawn by the prosecution to the order of the learned Addl. Sessions Judge, Sribhumi, Karimganj vide order dated 20.11.2025. The relevant portions may be reproduced herein below:- “It appears that police also seized 12 numbers of sheets of whatsapp chat between the accused and the deceased. In this case, it is alleged that the accused was in relationship with the deceased and he also assured to marry her but subsequently, arranged his marriage with another one and out of frustration, the deceased omitted suicide.” Page No.# 4/4 11. Upon considering the entire matter, I come to the considered opinion that - as the investigation has been completed and keeping in mind, the length of detention has already undergone by the petitioner till now (61) days, emerged circumstances pertaining to the earlier projected relationship between the deceased and the accused – he should be granted bail at this stage. 12. Accordingly, the accused person is hereby allowed to go on bail of Rs. 40,000/- with one surety of like amount to the satisfaction of the learned concerned Court and subject to the following conditions that:- (i) That the accused person shall be available for trial, if one commences, (ii) That the accused person shall not hamper or tamper with evidence. (iii) That the accused person shall not try to influence witnesses, (iv) That the accused person shall not in any manner harm or harass the informant and his family members. 13. Violation of any bail conditions will entail cancellation of the bail. 14. This bail application stands allowed and disposed of. 15. Send back the case diary. JUDGE Comparing Assistant