Page No.# 1/3 GAHC010102152026 2026:GAU-AS:7181 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1346/2026 SRI AJOY KUMAR GOGOI SON OF- LATE GOJEN CHANDRA GOGOI, RESIDENT OF- DEMOW DEHAJAN POLICE STATION- DEMOW, DISTRICT- SIVASAGAR, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE P.P, ASSAM Advocate for the Petitioner : MR. T J MAHANTA, MS P SARMA,MS. P P DAS Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 25.05.2026 1. Heard Mr. T. J. Mahanta, learned Senior Counsel assisted by Ms. P. P. Das, learned counsel for the petitioner. Also heard Mr. P. Borthakur, learned Additional Public Prosecutor for the State of Assam. 2. This is an application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, whereby the petitioner, Ajoy Kumar Gogoi has prayed for releasing him on bail after he was arrested in connection with Kakotibari P. S. Case No.09/2026, under Section 108/351(2)(3) of the BNS, 2023. Page No.# 2/3 3. On 16.05.2026, one person named Abani Baruah had consumed pesticide. He was taken to the hospital. But on 17.05.2026, he died in the hospital. It may be stated that before consuming poison, late Abani Baruah had written a letter to his wife stating that the present petitioner was harassing him for return of money and that is why, he committed suicide. 4. The case record shows that late Abani Baruah had borrowed a sum of Rs.20,00,000/- from the present petitioner, that too on the basis of the agreement. 5. Learned Senior Counsel for the petitioner has submitted that the only fault on the part of the petitioner is that he had demanded his money from late Abani Baruah. He further submits that demanding money does not amount to abatement of suicide. 6. Learned Senior Counsel for the petitioner has relied upon three judgments of the Hon’ble Supreme Court that were delivered in as under: i. (2019) 3 SCC 315, ii. (2025) 4 SCC 801 and iii. 2026 LiveLaw (SC) 270. 7. In the aforesaid judgments, the Hon’ble Supreme Court has held that asking for return of borrowed money does not amount to abatement of suicide. 8. Learned Additional Public Prosecutor has objected to this bail prayer on the ground that the petitioner was recently arrested and his name has been mentioned in the suicide note written by Abani Baruah and for that matter the Case Diary should be Page No.# 3/3 called for. 9. I have considered the submissions made by learned counsel for both the sides. 10. Asking for return of borrowed money does not amount to abatement of suicide. Therefore, the petitioner does not deserve to be detained in custody for any further period of time. 11. Accordingly, his bail application is allowed. 12. The petitioner, Ajoy Kumar Gogoi, who was arrested in connection with Kakotibari P. S. Case No.09/2026, under Section 108/351(2)(3) of the BNS, 2023 shall be released on bail of Rs.25,000/- with a surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Charaideo. 13. With the aforesaid direction, this bail application stands disposed. JUDGE Comparing Assistant