Page No.# 1/5 GAHC010042412025 2025:GAU-AS:4785 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./572/2025 SRI PALASH KONCH S/O DIMBESWAR KONCH R/O MAICHA GAON , PS GOGAMUKH , DIST. DHEMAJI, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR D K MEDHI, P BORUAH Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK ORDER 22.04.2025 Heard Mr. A. M. Bora, learned Senior Counsel assisted by Mr. H. Boruah, learned counsel for the petitioner and Mr. K. K. Parashar, learned Additional Public Prosecutor, Assam for the State. 2) The petitioner, namely, Sri Palash Konch, son of Sri Dimbeswar Konch, resident of Maicha Gaon, Police Station-Gogamukh, District-Dhemaji has filed this application under Page No.# 2/5 Section 483 BNSS, 2023 on 25.02.2025, praying for his bail in Boginodi Police Station Case No. 06/2025 registered under Sections 107/117(2) of BNS, 2023 read with Section 75 of the Juvenile Justice (Care and Protection of Children) Act, 2015, corresponding to G.R. No. 124/2025, in which, he is in custody since 10.02.2025. 3) As per the FIR dated 07.02.2025 lodged by the informant/complainant before the Officer-in-Charge of Boginadi Police Station, the case is that the niece of the informant was a student of Class-IX, studying at Little Star English School at Joyrampur, Gogamukh and used to stay in the hostel of the said school. On 01.02.2025, her niece was beaten up with a bamboo stick by the principal of the said school, i.e., the petitioner and was assaulted numbers of times by the said stick. During such assault, it was alleged that the petitioner also pulled her down by grabbing her hair in front of everyone in the school compound. Because of such assault, the niece of the informant got badly injured, lost her consciousness and developed high fever. Initially, she was given treatment at a pharmacy at Joyrampur and the Principal of the school informed about the same to the husband of the informant over phone, without disclosing the truth regarding the assault that he had inflicted upon her. On reaching Joyrampur, her niece was found lying on a bed, taking oxygen. As her condition deteriorated, she was shifted to Gogamukh Public Health Centre by a 108 Ambulance for her better treatment. On the same day, i.e., 01.02.2025, she was brought back to home at Dirgha Majgaon from the hospital. Because of such assault by the petitioner, her niece was in deep shock, distressed and was in the utter sense of humiliation and was not behaving in a normal way. On 04.02.2025, the principal of the school, i.e., the petitioner visited the residence of the informant to know about the health condition of the victim girl; but on seeing the petitioner, the niece of the informant got even more frightened and out of deep fear, hatred and humiliation, she committed suicide by hanging herself with a churney on 05.02.2025. In the said FIR dated 07.02.2025, the informant alleged that due to such act of cruelty by the petitioner, i.e, the Prinicpal of the said school, her niece, i.e., the victim girl committed suicide and it is the petitioner who is responsible for the death of her niece. 4) The said FIR dated 07.02.2025 was accordingly registered as Boginodi Police Station Case No. 06/2025 under Sections 107/117(2) of BNS, 2023 read with Section 75 of the Juvenile Justice (Care and Protection of Children) Act, 2015, corresponding to G.R. No. Page No.# 3/5 124/2025. 5) The petitioner on 10.02.2025 surrendered before the Boginodi Police Station and he was accordingly taken into custody and since then, he is behind the bars. Hence this bail application by the petitioner. 6) Mr. Bora, learned Senior Counsel appearing for the petitioner, relying on the decisions of the Hon’ble Supreme Court in the cases of Geo Varghese Vs. State of Rajahthan and Another, reported in (2021) SCC OnLine SC 873 and Patel Babubhai Manohardas and Others Vs. State of Gujrat, reported in (2025) SCC OnLine SC 503 submitted that the FIR of the case did not disclose any such ingredients instigating the victim to commit suicide. 7) However, Mr. Bora, learned Senior Counsel admitted the fact that the petitioner, being the Principal of the school had to maintain discipline in the school and that the petitioner might have overacted; but, the petitioner did not instigate the victim girl to commit suicide. 8) Perused the case diary placed before the Court today by Mr. K. K. Parashar, learned Additional Public Prosecutor, Assam. 9) From the case diary and the statements of the witnesses acquainted with the facts of the case recorded by the concerned Investigating Officer of said Boginodi P.S. Case No. 06/2025; it is seen that on 01.02.2025, the petitioner had beaten up the victim girl and another boy of the said school with a bamboo stick in front of the other students of the hostel. In the afternoon of the same day, the victim girl had problem in breathing and as such, the petitioner, along with 2 (two) girl students, took the victim girl to a nearby pharmacy, wherein she was given oxygen to aid her in breathing. The petitioner also informed the guardian of the victim girl, who came to the pharmacy in which the victim girl was given oxygen and took her to the Gogamukh Public Health Centre. The legal guardian, i.e., the informant and her husband took back the victim girl from Gogamukh Hospital on the night of 01.02.2025 itself and she was staying with them till 05.02.2025, the date when the victim girl committed suicide. 10) From the case diary, it is also seen that the informant, in her statement before the concerned Investigating Officer of the case stated that the petitioner came to their residence on 04.02.2025 and enquired about the health condition of the victim girl and said “Sorry” to Page No.# 4/5 them for the said incident and went back. However, on 05.02.2025, in the absence of any person in the house of the informant, the victim girl committed suicide. Though she was alive when she was taken to Lakhimpur Medical College and Hospital, but she expired in the hospital. 11) Perused the post-mortem report of the victim girl dated 05.02.2025. 12) Considering such materials in the case diary and the detention of the petitioner in custody since 10.02.2025, the Court is of the view that his further custodial detention is not warranted for investigation of said Boginodi P.S. Case No. 06/2025. As such, this bail application of the petitioner in said Boginodi P.S. Case No. 06/2025 is accepted. 13) Accordingly, the petitioner, namely, Sri Palash Konch, son of Sri Dimbeswar Konch be released on bail in said said Boginodi P.S. Case No. 06/2025 under Sections 107/117(2) of BNS, 2023 read with Section 75 of the Juvenile Justice (Care and Protection of Children) Act, 2015, corresponding to G.R. No. 124/2025 on furnishing a bail bond of Rs. 50,000/- with 2(two) local sureties, each of the like amount, to the satisfaction of the learned Chief Judicial Magistrate, Lakhimpur, North Lakhimpur subject to the conditions that the petitioner, named above — i) shall appear before the Investigating Officer of said Boginodi P.S. Case No. 06/2025 as and when he is required for necessary investigation of the said case; ii) shall not leave the territorial jurisdiction of Boginodi Police Station without obtaining prior written permission from the Investigating Officer of said Boginodi P.S. Case No. 06/2025; iii) shall not hamper with the investigation, or tamper with the evidence of the case; iv) shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case, so as to dissuade them from disclosing such facts to the Court or to any police officer; and v) shall not involve himself in any criminal activities in the future. 14) Violation of any of the aforesaid terms and conditions by the petitioner, namely, Sri Palash Konch, son of Sri Dimbeswar Konch the bail granted to him in said Boginodi P.S. Page No.# 5/5 Case No. 06/2025 shall stand automatically vacated. 15) This bail application accordingly stands disposed of. 16) Return the case diary herewith. JUDGE Comparing Assistant