Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010186802026
undefined
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2573/2026 DHRITISHMAN DEKA S/O GUNAJIT DEKA, R/O NIREN BORO PATH, PS GORCHUK, DIST KAMRUP (M), ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR D MEDHI, MR P SONOWAL Advocate for the Respondent : PP, ASSAM,
BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER Date : 07.09.2026 Heard Mr. D. Medhi, the learned counsel for the petitioner and Ms. S. H. Bora, the learned Addl. Public Prosecutor for the State of Assam. 2. By this application, the petitioner has prayed for bail in connection with Gorchuk P.S. Case No. 203/2026, registered under Section 108 of BNS, 2023. Page No.# 2/3
3. The FIR in connection with which the petitioner was arrested was lodged on 11.08.2026, by the wife of the deceased, stating inter alia that her husband who was working in the manufacturing factory for disposal materials had a relationship with a lady and that, the son of the said lady had threatened her husband with dire consequences with regard to the said relationship and that one day, the son of the said lady had called the husband of the informant to his house for asking forgiveness and that, when the husband of the informant went to the house of the son of the said lady, the son, i.e. the petitioner had cut her husband’s hair and eyebrows with a razor and that feeling humiliated before the public, it is stated by the wife that her husband committed suicide. The police on receipt of the information has registered the case for abetment to suicide against the petitioner. 4. The learned counsel for the petitioner, submits that there are no ingredients of abetment in the said case and he submits that the deceased and the lady were in illicit relationship to which the petitioner got aware and although some issues arose between the petitioner and the deceased person but there are no ingredients of abetment, which can be discerned from the FIR. 5. Ms. S. H. Bora, the learned APP, however, submits that, in the FIR, the petitioner is stated to have caused humiliation to the deceased person and as such, she submits that the Case Diary would made the picture clear. 6.
On consideration of the submissions made by the learned counsels, more so, in view of the fact, that the Hon’ble Supreme Court had held by number of decisions that to charge a person for abetment, clear materials are required, which is lacking in the instant case, this Court, deems it fit to enlarge the
Page No.# 3/3 petitioner on bail on furnishing of a bail bond of Rs. 20,000/- (Rupees Twenty Thousand only) with one local surety of the like amount to the satisfaction of the CJM, Kamrup (M), Guwahati under the following conditions: (i) The petitioner shall positively appear before the Investigating Officer as and when call for. (ii) The petitioner shall not hamper and tamper with the evidence of the case, and/or influence the witness connected with the case; and (iii) The petitioner shall not leave their residence without prior permission of the Investigating Officer. 7. The Bail Application stands disposed of. JUDGE Comparing Assistant