Page No.# 1/3 GAHC010003182025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./44/2025 RAJ KAPIL KHAOUND @ RAJA S/O LATE HIRANYA KR. KHAOUND R/O HOUSE NO. 7, RANIBARI KALIRAM MEDHI ROAD, P.S. PANBAZAR, GUWAHATI, DIST. KAMRUP (METRO), ASSAM VERSUS THE STATE OF ASSAM REP BY PP, ASSAM Advocate for the Petitioner : MR. A CHAUDHURY, MR. D BORA,MR. N MAHAJAN,MR. P K DAS Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER 08.01.2025 Heard Mr. B K Mahajan, learned counsel for the petitioner and Mr. D Das, learned Additional Public Prosecutor, Assam. By this application filed under Section 483 of the BNSS, 2023 the petitioner, namely, Sri Raj Kapil Khaound @ Raja, has prayed for release on bail, who was arrested in connection with Chandmari P.S. Case No. 01/2025. The petitioner was having live-in-relationship with the deceased girl, who was about 31 Page No.# 2/3 years of age. After that, their relationship breaks down and the girl started to live with another person in a rented apartment. On the day of occurrence, the deceased girl asked her mother to prepare meat curry and after getting the same prepared, her mother trying to contact her over phone but the phone was not received by anyone. Therefore, the mother of the deceased sent one relative to the apartment of the deceased but the door of the apartment of her girl was locked from inside. Thereafter, upon instruction of the mother of the girl, the relative, security personnel of the building and one boy named Manab broke the door of the apartment and found the deceased girl committing suicide by hanging from ceiling fan. The petitioner was arrested on the ground that he gave mental harassment to the girl which caused depression to her. In order to buttress his argument, Mr. Mahajan has relied upon a decision of the Hon’ble Supreme Court of India that was rendered in Kamaruddin Dastagir Sanadi v. State of Karnataka through SHO Kakati Police, reported in 2024 SCC Online SC 3541. In paragraphs 28 and 30 of the said judgment, the Hon’ble Supreme Court held as under: “ 28. In Prabhu (supra) the Court further observed that broken relationships and heart breaks are part of everyday life and that breaking-up of the relationship would not constitute any instigation or abetment of suicide inasmuch as in order to constitute ‘Instigation’ it must be shown that the accused had by his acts and omissions or by continued course of conduct created such circumstances that the deceased was left with no other option except to commit suicide. 30. If we examine the instant case on the touch stone of the above principles of law, we find that the accused-appellant had simply refused to marry the deceased and thus, even assuming there was love between the parties, it is only a case of broken relationship which by itself would not amount to abetment to suicide. The accused-appellant had not provoked the deceased in any manner to kill herself; rather the deceased herself carried poison in a bottle from her village while going to Kakati, Karnataka with a predetermined mind to positively get an affirmation from the accused-appellant to marry her, failing which she would commit suicide. Therefore, in such a situation simply because the accused- appellant refused to marry her, would not be a case of instigating, inciting or provoking the deceased to commit suicide”. I have considered the submissions made by the learned counsel of both sides. Breaking up in a relationship and heart breaking are part of everybody’s life and such an act does not amount to instigation for committing suicide. Page No.# 3/3 This court is of the opinion that under the given circumstances, the petitioner has been unnecessarily arrested by Police. Hence, the bail application of the petitioner is allowed. Accordingly, it is directed that the petitioner Sri Raj Kapil Khaound @ Raja, who was arrested in connection with Chandmari P.S. Case No. 01/2025, shall be released on bail of Rs.20,000/- with one surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Kamrup (M), Guwahati. The bail application is disposed of. JUDGE Comparing Assistant