Page No.# 1/3 GAHC010105352026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1380/2026 SRI BINANDA BORAH ALIAS BINOY SON OF- LATE MUHI KANTA BORAH RESIDENT OF - KHUKAMORA GAON, POLICE STATION- MORANHAT, DISTRICT- CHARAIDEO, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY P.P. ASSAM Advocate for the Petitioner : MR. T J MAHANTA, MS. P P DAS,MS P SARMA Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 29.05.2026 Heard Mr. T J Mahanta, the learned Senior Counsel assisted by Ms. P P Das appearing for the petitioner. Also heard Mr. P Borthakur, the 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 Sri Binanda Borah @ Binoy has prayed for releasing him on bail Page No.# 2/3 after he was arrested in connection with Kakotibari Police Station Case No.09/2026. 3. One person called Abani Baruah had borrowed money from the present petitioner and from some other persons. The petitioner and other persons put pressure upon Abani Baruah by severely torturing him mentally, for which he committed suicide because he was unable to bear such torture. His wife (informant) and Sri Bibul Baruah lodged the FIR stating all those facts. 4. Mr. Mahanta has relied upon three judgments of the Hon’ble Supreme Court that were reported in as under :- (i) (2019) 3 SCC 315 (ii) (2025) 4 SCC 801 and (iii) 2026 Live Law (SC) 270 5. In those judgments, the Supreme Court held has that asking for return of borrowed money does not amount to abetment of suicide. 6. Mr. Borthakur has objected to this Bail Application as the name of the present petitioner is mentioned in the suicide note written by Abani Baruah before committing suicide. 7. I have given my anxious consideration to the submissions made by the learned counsels of both sides. 8. Considering the law laid down by the Hon’ble Supreme Court in the aforesaid three judgments that asking for return of borrowed money does not amount to abetment of suicide, this Court is of the opinion that the petitioner does not deserves to be detained in custody for any further period of time. Therefore, his Bail Application is allowed. 9. The petitioner Sri Binanda Borah @ Binoy shall be released on bail of Rs.25,000/- (Rupees Twenty Five Thousand) with a surety of like amount to the Page No.# 3/3 satisfaction of the learned Chief Judicial Magistrate, Charaideo, Sonari, Assam. With the aforesaid direction, the Bail Application stands disposed of accordingly. JUDGE Comparing Assistant