Page No.# 1/3 GAHC010000582025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./9/2025 MADHAB DAS @ JUNU S/O LATE DHIREN CH. DAS, RESIDENT OF VILLAGE MAJGAON, PS NORTH GUWAHATI, DIST KAMRUP M ASSAM VERSUS THE STATE OF ASSAM REP BY PP ASSAM Advocate for the Petitioner : MR. B K MAHAJAN, MR. A CHAUDHURY,MR. R K PRADHAN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 06.01.2025 Heard Mr. B.K. Mahajan, learned counsel appearing for the petitioner as well as Mr. D. Das, learned Additional Public Prosecutor appearing for the State of Assam. 2. This is an application under Section 483 of the BNSS, 2023, whereby the petitioner has prayed for releasing him on bail, after he was arrested in connection with Changsari P.S. Case No. 329/2024. Page No.# 2/3 3. From the documents available in the record, it is clear that the deceased and his wife took loan of more than 1 crore from the present petitioner. It is alleged in the FIR filed by the wife of the deceased that the petitioner was threatening her husband since long. 4. It is further alleged that the petitioner even threatened her husband that his daughter will be kidnapped by him. Unable to sustain all these things, the husband of the petitioner committed suicide by hanging himself. 5. The petitioner was arrested by police in connection with the aforesaid case. 6. The learned counsel for the petitioner has relied upon the judgment that was delivered in Arnab Manoranjan Goswami Vs. State of Maharashtra & Ors. reported in (2021) 2 SCC 427. Paragraph of the said judgment is quoted as under : “51. The Court noted that before a person may be said to have abetted the commission of suicide, they “must have played an active role by an act of instigation or by doing certain act to facilitate the commission of suicide.” Instigation, as this Court held in Kishori Lal, “literally means to provoke, incite, urge on or bring about by persuasion to do anything”. In S.S. Chheena v. Vijay Kumar Mahajan, a two-Judge Bench of this Court, speaking through Dalveer Bhandari, J., observed : (SCCp.197, para 25) “25. Abetment involves a mental process of instigating a person or intentionally aiding a person in doing of a thing. Without a positive act on the part of the accused to instigate or aid in committing suicide, conviction cannot be sustained. The intention of committing suicide, conviction cannot be sustained. The intention of the legislature and the ratio of the cases decided by this Court is clear that in order to convict a person under Section 306 IPC there has to be a clear mens rea to commit the offence. It also requires an active act or direct act which led the deceased to commit suicide seeing no option and that act must have been intended to push the deceased into such a position that he committed suicide.” 7. I have considered the submissions made by the learned counsels of both sides. 8. If the petitioner has threatened the deceased that he will kidnapped this daughter, she should have filed an FIR against the petitioner, but he chose to commit suicide by hanging himself. Page No.# 3/3 9. It is very clear that this is not a case of abetment of suicide. Therefore, the petitioner does not deserve to be detained in custody for any further period of time. 10. Accordingly, the bail application of the petitioner is allowed. 11. It is hereby directed that the petitioner, Madhab Das @ Junu, who was arrested in connection with Changsari P.S. Case No. 329/2024, shall be released on bail of Rs. 25,000/- with a surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Kamrup, Amiingaon. The bail application stands disposed of accordingly. JUDGE Comparing Assistant