Page No.# 1/10 GAHC040003942026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : AB/26/2026 Miss Tumbom Badak Daughter of Shri Tatum Bada, a permanent resident of Village Yigo, PO and PS Tirbin, Leparada District, Arunachal Pradesh. VERSUS The State of AP represented by the PP of AP Advocate for the Petitioner : T T Tara, Pondit Ronya,Taba Tokur,Khoda Apa,Gamken Bam Advocate for the Respondent : P P of AP, Neelam Talum BEFORE HONOURABLE MR. JUSTICE KARDAK ETE ORDER Date : 07.04.2026 Heard Mr. T. T. Tara, learned counsel for the applicant. Also heard Mr. T. Ete, learned Additional Public Prosecutor for the State respondent and Mr. N. Talum, learned counsel for the informant. Page No.# 2/10 2. This is an application under Section 482 of BNSS, 2023, praying for grant of privilege of pre-arrest bail to the accused/applicant in connection with Chimpu P.S. Case No. 18/2026, under Sections 108/3(5) of the BNS, 2023. 3. An F.I.R. was lodged on 15.03.2026 by one Shri Nangram Dawa alleging that one Shri Giogi Ramga, along with the present accused/applicant, had been harassing his deceased sister through Whatsapp group video calls. It is alleged that on 11.03.2026, at 12:07 p.m., the present accused/applicant initiated a group video call during which a heated argument took place for about 28 minutes and again initiated another call at 12:44 p.m. It is further alleged that for the past few years, the deceased was under severe mental stress and harassment caused by said Shri Giogi Ramga and the present accused/ applicant. Due to such continuous harassment and alleged inducement by the accused persons, the deceased became mentally disturbed and ultimately took the extreme step of ending her life by committing suicide. Pursuant thereto, a case has been registered, being Chimpu P.S. Case No. 18/2026, under Sections 108/3(5) of the BNS, 2023. 4. Apprehending arrest in connection with the aforesaid Chimpu P.S. Case No. 18/2026, under Sections 108/3(5) of the BNS, 2023, the present application has been filed for grant of privilege of pre-arrest bail. 5. Mr. Tara, learned counsel for the accused/applicant, submits that the accused/applicant is innocent and has been falsely implicated in the present case. She has hardly any role in the matter inasmuch as she had already severed her relationship with the main accused, Shri Giogi Ramga, on 11.03.2026 and was thereafter stationed in Delhi in connection with her preparation for Civil Services Examination. The relationship between the deceased and the main accused, Shri Giogi Ramga, was acknowledged by both Page No.# 3/10 the families and they were living peacefully and at the time of incident, the said Giogi Ramga was undergoing coaching for competitive examinations in Delhi. He submits that the main accused, Shri Giogi Ramga, has already been granted pre-arrest bail by the learned Sessions Judge, Yupia. 6. He submits that the only allegation against the present accused/applicant is her participation in certain group video calls. Admittedly, the accused/applicant had entered into a relationship with the said Shri Giogi Ramga in good faith, without any knowledge of his prior relationship with the deceased and without any intention to interfere with or disrupt the same. Upon coming to know of such relationship, she immediately and voluntarily severed all ties with him, thereby demonstrating her bona fide and absence of any malicious intent. It is further submitted that she had also communicated to the deceased that she had ended her relationship with the said Giogi Ramga. Mere participation in group calls, in the absence of any act of instigation, coercion or intentional provocation, does not constitute abetment of suicide. There is no material on record to suggest that the accused/applicant had in any manner influenced, encouraged or prompted the deceased to take the extreme step. The participation in the said calls was only with a view to resolve the issues and does not reflect any culpable or malicious conduct. Thus, he submits that there is no allegation or evidence of instigation, intentional aid or active participation on the part of the accused/applicant which could have compelled the deceased to commit suicide and therefore, the essential ingredients of the offence of abetment of suicide are conspicuously absent. 7. Mr. Tara, learned counsel, submits that the accused/ applicant has a reasonable apprehension of arrest, as her name has been mentioned in the F.I.R. The accused/applicant undertakes to fully cooperate with the investigation Page No.# 4/10 and to appear before the investigating agency as and when required. 8. In support of his submissions, Mr. Tara, learned counsel for the applicant, has placed reliance on the following judgments: (i) P. Chidambaram Vs. Directorate of Enforcement, reported in (2020) 13 SCC 791. (ii) Siddharam Satlingappa Mhetre Vs. State of Maharashtra & Ors., reported in (2011) 1 SCC 694. (iii) Patel Babubhai Manohardas & Ors. Vs. State of Gujarat, reported in 2025 SCC OnLine SC 503. 9. Mr. T. Ete, learned Additional Public Prosecutor for the State, on the other hand, submits that the allegations are very serious in nature and the name of the accused/applicant has been clearly mentioned in the F.I.R. Referring to the Case Diary, he submits that the investigation conducted so far indicates that the deceased was under emotional and mental stress since 2025, arising out of a strained relationship and disputes involving one Shri Giogi Ramga and the present accused/applicant. He submits that the role of each person is being examined in the light of available evidence, including digital and documentary materials. The investigation is at a crucial stage and efforts are being made to collect and analyse all relevant evidence to ascertain the circumstances leading to the death of the deceased and the involvement, if any, of the accused persons. Therefore, if the accused/applicant is granted bail at this stage, it would adversely affect the ongoing investigation. 10. Learned Additional Public Prosecutor further submits that the investigating authority has seized a diary wherein the name of the accused/applicant, along with that of Shri Giogi Ramga, has been clearly mentioned, alleging that they, Page No.# 5/10 along with others, had cheated the deceased and subjected her to mental trauma, which ultimately led her to commit suicide. The investigating authorities have also recovered certain text messages, which prima facie implicate the accused/applicant. Therefore, he submits that the accused/applicant is not entitled to the privilege of pre-arrest bail at this stage. 11. In support of his submissions, Mr. Ete, learned Additional Public Prosecutor, has placed reliance on the judgment of Hon’ble Supreme Court in the case of Virupakshappa Gouda & Anr. Vs. State of Karnataka & Anr., reported in (2017) 5 SCC 406. 12. I have considered the submissions of learned counsel for the parties and also perused the Case Diary. 13. A case has been registered being Chimpu P.S. Case No. 18/2026 under Sections 108/3(5) of the BNS, 2023, pursuant to an F.I.R. lodged on 15.03.2026 by one Shri Nangram Dawa. It is alleged that the informant received a phone call from the sister of the accused, Smti Giogi Yallam Bake, informing him that the deceased had locked herself inside a room in her building. Upon receiving such information, the informant immediately rushed to the said place and found the deceased hanging from the ceiling and died. The deceased and the accused, Shri Giogi Ramga, had been in a relationship for several years and the said accused, along with the present accused/applicant, namely Tumbom Badak, used to communicate with the deceased through WhatsApp calls. It is stated that the deceased had shared the password of her mobile handset with her sister, Nangram Ania Chello, and upon accessing the same, it was found that the deceased had made video calls and sent photographs to the accused persons prior to the commission of suicide. It is further alleged that Shri Giogi Ramga and the present accused/applicant had been harassing the deceased through Page No.# 6/10 WhatsApp group video calls. On 11.03.2026, at about 12:07 p.m., the present accused/applicant allegedly initiated a group video call during which a heated argument took place for approximately 28 minutes and 16 seconds and thereafter initiated another call at about 12:44 p.m. It is also alleged that for the past few years, the deceased had been under severe mental stress and harassment caused by the said Shri Giogi Ramga and the present accused/applicant and due to such continuous harassment and alleged inducement, the deceased became mentally disturbed and ultimately took the extreme step of ending her life by committing suicide. 14. Records reveal that the deceased committed suicide by hanging at her rented accommodation at Itanagar on 14.03.2026. Initially, the family members did not suspect any foul play and proceeded to take the dead body to their hometown for last rites. However, upon examination of the mobile phone of the deceased, a video was found wherein the deceased alleged that she was taking the extreme step due to accused, Shri Giogi Ramga, and the present accused/applicant. 15. As per the record, the investigation conducted so far indicates that the deceased had been under emotional and mental stress since 2025, arising out of a strained relationship and disputes involving Shri Giogi Ramga and the present accused/applicant. It reflects that efforts are being made to collect and analyse all relevant evidence to ascertain the circumstances leading to the death of the deceased and the involvement, if any, of the accused persons. The record further reveals that certain suicide notes and WhatsApp chats have been seized, wherein the names of Shri Giogi Ramga and the present accused/applicant have been mentioned. 16. This Court, by order dated 20.03.2026, upon consideration of the Page No.# 7/10 submissions of learned counsel for the parties and pending production and examination of the Case Diary, granted interim pre-arrest bail to the present accused/applicant. Pursuant thereto, it is informed that the accused/applicant has appeared before the Investigating Officer and her statement has been recorded and on her arrest, she has been released on interim bail in terms of the order of this Court. 17. The statements of witnesses recorded under Section 180 of the BNSS, 2023 indicate the relationship between the accused, Shri Giogi Ramga, and the present accused/applicant as well as the existence of group calls and WhatsApp communications among the accused persons and the deceased. 18. The statement of the accused/applicant indicates that during the period from February to April, 2025, she had obtained the mobile number of the deceased from the co-accused, Shri Giogi Ramga, and had contacted her with a view to resolve the issues between them. Thereafter, she claims to have severed her relationship with the said Shri Giogi Ramga, blocked him on social media platforms and left for Delhi to pursue coaching. It is further stated that in January, 2026, a meeting was held between the parties in an attempt to resolve the dispute; however, the same did not yield any resolution. Subsequently, in February, 2026, the accused/applicant informed said Shri Giogi Ramga that she was ending her relationship with him. On 11.03.2026, the accused/applicant is stated to have called the deceased to clarify that she was no longer in a relationship with Shri Giogi Ramga, during which a heated argument ensued and the call was disconnected. On 14.03.2026, the accused/applicant accompanied the said Shri Giogi Ramga to Ganga Ram Hospital, Delhi, where she assisted in arranging his endoscopy procedure and paid an amount of Rs. 8,000/-. It is stated that thereafter, the said Giogi Ramga suddenly left the Page No.# 8/10 hospital and the accused/applicant returned to her PG accommodation in Delhi. After about an hour, she was informed by the said Giogi Ramga that the deceased had committed suicide. In such circumstances, it appears that the accused/applicant was in contact with the co-accused, Shri Giogi Ramga. 19. Upon consideration the materials available in the Case Diary, this Court finds that the accused/applicant appears to be connected, to some extent, with the circumstances that had arisen between the deceased, the co-accused Shri Giogi Ramga and the present accused/applicant. However, it is difficult to have a prima facie view about the involvement of the accused/applicant in the offence of abetment of suicide as it is well settled that in order to constitute an offence of abetment of suicide, there must be clear evidence of direct or indirect acts of incitement to the commission of suicide. The Hon’ble Supreme Court in Amalendu Pal alias Jhantu vs. State of West Bengal, reported in (2010) 1 SCC 707, has held that mere allegations of harassment, in the absence of any positive action proximate to the time of occurrence which compels the deceased to commit suicide, would not suffice. There must be an act of incitement proximate to the date of the incident of such a nature that the deceased is left with no other alternative but to take the extreme step. 20. It is also settled position that while considering the application for bail, the Court has to keep in mind following factors as whether there is any prima facie or reasonable ground to be believed that the accused had committed the offence; nature and gravity of the accusation; severity of the punishment in the event of conviction; danger of the accused absconding or fleeing, if released on bail; character, behaviour, means, position and standing of the accused; likelihood of the offence being repeated; reasonable apprehension of the witnesses being influenced; and danger, of course, of justice being thwarted by Page No.# 9/10 grant of bail. 21. The authorities relied on by the learned counsel for the parties are well settled propositions of law and thus, no discussion is required for the purpose of the present case. 22. In the present case, although certain materials, including the alleged suicide note and electronic records, have been seized, at this stage it would be difficult to arrive at a definite conclusion that a prima facie case of abetment of suicide is made out against the present accused/applicant. This Court, however, refrains from making any further comments with regard to the authenticity and evidentiary value of such materials as the investigation is still in progress. At the same time, it is observed that an incident of suicide, where allegations of abetment are involved, is a matter of serious concern and the investigating agency is expected to conduct a fair and expeditious investigation so as to bring the matter to its logical conclusion. 23. Having considered the settled principle governing grant of pre-arrest bail and also taking note of the fact that the accused/applicant is an educated lady preparing for Civil Services Examination and a permanent resident of the State of Arunachal Pradesh and is extending cooperation in the investigation, this Court is of the considered view that the accused/applicant is entitled to the privilege of pre-arrest bail. 24. Accordingly, the accused/applicant, namely, Miss Tumbom Badak, is granted with the privilege of pre-arrest bail in connection with Chimpu P.S. Case No. 18/2026, under Sections 108/3(5) of the BNS, 2023. Consequently, the interim bail granted to the accused/applicant vide order dated 20.03.2026 is hereby made absolute in the same terms and conditions. Page No.# 10/10 25. The anticipatory bail application stands disposed of. 26. Case Diary be returned. JUDGE Comparing Assistant