Page No.# 1/4 GAHC010104922026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1116/2026 KRSHAN KUMAR SHRMA ALIAS KRISHNA KUMAR SHARMA SON OF SRI BIRBALRAM SHARMA, RESIDENT OF P SECTOR, NIRJULI, P.S.- NIRJULI, DISTRICT- PAPUMPARE, ARUNACHAL PRADESH VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. D DAS SR. ADV, Y KHAUND,MR. K MOHAMMED Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER 24.06.2026 1. Heard Mr. D. Das, learned Senior Advocate for the petitioner. Also heard Mr. M. P. Goswami, learned Additional Public Prosecutor for the State. 2. This petition under Section 482 BNSS is filed for granting the privilege of pre-arrest bail to the petitioner, namely, Krshan Kumar Shrma @ Krishna Kumar Sharma, apprehending arrest in connection with Laluk P.S. Case No. Page No.# 2/4 62/2026 registered u/s 108 of BNS. 3. On 22.03.2026, the informant Khagen Saikia lodged an FIR before the Officer-in-Charge, Laluk P.S., inter alia stating that “The FIR has been lodged regarding the death of his son Bipul Saikia, who was an employee at a shop owned by the accused, Rohit Sharma, located in Nirjuli, Arunachal Pradesh. That on 19.03.2026 the accused had instructed Bipul Saikia to collect items for the shop and subsequently Bipul left for Arunachal Pradesh. On 19.03.2026 at 11AM, the accused called the complainant and alleged that Bipul had stolen some goods from the shop. Upon arriving in Nirjuli, the informant family discovered Bipul being severely beaten by several individuals and even, the assailants reportedly used a hot iron to burn Bipul's body and coerced his own family members into striking him. The accused person demanded Rs.20,00,000/-(Rupees Twenty Lakhs) threatened to kill Bipul if the sum was not paid. It is further alleged that the police of Nirjuli Police Station had intervened and amicably settled the matter on a sum of Rs.10,00,000/- and by paying an amount of Rs. 1,70,000/- (Rupees One Lakh Seventy Thousand) to the accused, he secured the release of his son i.e. deceased Bipul Saikia and assured payment of the remaining amount of Rs.8,30,000/- (Rupees Eight Lakhs Thirty Thousand) at a later stage. After bringing his son back from the custody of the accused, the accused continued to threaten him repeatedly. Unable to bear the mental pressure and trauma caused by such threats and the physical and mental torture inflicted upon him, his son committed suicide by hanging himself at their residence on 21/03/2026. Due to the continuous threats, physical assault, and mental torture inflicted by the accused and his associates, his son was compelled to take such an extreme step." On the strength of the aforesaid FIR the police officials of Laluk Police Station Page No.# 3/4 registered a case being Laluk P.S. Case No.62/2026, dated 22.03.2026 registered under Section- 108 of the BNS. 4. The case of the petitioner is that the elder brother of the petitioner along with his business partner Sri Tarh Tamey runs a wholesale grocery and Steel Shop in the name and style "Indian Steel Authority" at Abo Tani complex, P- Sector, Nirjuli, Arunachal Pradesh. On 18.03.2026 the books of accounts were being finalized and on scrutiny the partners found huge discrepancies and there was misappropriation of an amount of Rs.25,00,000/- (Rupees Twenty Five Lakhs). On enquiry it was found that the persons employeed in the shop have been selling off extra items without entering the same in the entry book. After finding evidence the brother of the petitioner Sri Rohitash Kr. Sharma confronted the employees and thereafter the employees admitted to the said misappropriation by them. In this regard, the elder brother of the petitioner Sri Rohitash Kr. Sharma and Sri Tarh Tamey had lodged an FIR at Nirjuli Police Station, Arunachal Pradesh on 19.03.2026, whereafter the employees of the shop were called to the Police Station where they admitted their guilt. Further, the elder brother of the deceased undertook to pay an amount of Rs. 8,30,000/- at the Police Station and after making payment of Rs.1,70,000/- all the parties left the Police Station. 5. It is further submitted that the allegations of beating and using a hot iron rod to burn the body of the deceased are totally false. It is the further submission of learned Senior Counsel that the necessary ingredient of abetment to suicide is absent in the present case as the petitioner, even on the face of the allegations available in the FIR, cannot be said to have had any mens rea as far as the commission of suicide by the deceased is concerned, and no such act of instigating the deceased to commit suicide is discernible. Page No.# 4/4 6. Learned Additional Public Prosecutor with reference to the case diary, has submitted that there are sufficient incriminating material against the petitioner. 7. Upon appraisal of the case diary, it appears that though there are certain incriminating materials regarding the accused persons having assaulted the deceased, a perusal of the post-mortem report shows that no external injuries other than the ligature mark on the neck caused by suicidal hanging was found during post-mortem, although the deceased died shortly after the alleged incident of assault and burning by a hot rod which should have left burn marks on the body of the deceased. 8. Having regard to the above, accordingly, the prayer for pre-arrest bail is allowed. The interim order dated 27.05.2026, is hereby made absolute under the same terms and conditions. 9. Accordingly, the petition is disposed of. JUDGE Comparing Assistant