Allowed

Khargeswar Das v. the State of Assam

Gauhati HC13 Sept 2026AB/1541/2026

Case brief

AI extract

What is this about?

The Gauhati High Court allowed an application for pre-arrest bail under Section 306 IPC (abetment of suicide). Finding a lack of specific averments in the FIR and charge-sheet regarding the alleged suicide note, the bench released the petitioner on bail.

What did the court decide?

Released on pre-arrest bail on furnishing a bond of Rs. 20,000 with one local surety, conditioned to appear before Investigating Officer, not tamper with evidence, and not leave residence without perm

Khargeswar Das Vs the State of Assam — Murder and Culpable Homicide | Gauhati HC (2026)

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GAHC010140602026

2026:GAU-AS:13537

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : AB/1541/2026

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KHARGESWAR DAS

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SON OF KRISHNA DAS, RESIDENT OF VILLAGE POCHAMTOLA BHUYAN PARA, P.O. CHAMPAK NAGAR, P.S. CHAYGAON, DISTRICT KAMRUP, ASSAM, PIN 781124.

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VERSUS

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THE STATE OF ASSAM

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REPRESENTED BY THE LEARNED PUBLIC PROSECUTOR, GOVERNMENT OF ASSAM.

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Advocate for the Petitioner : MR S DEWRI, MR H BORAH,MR A DEKA

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Advocate for the Respondent : PP, ASSAM,

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BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN

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ORDER

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14.09.2026

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1. Heard Mr. S. Dewri, learned counsel appearing for the petitioner. Also heard Mr. B. Sharma, learned APP appearing for the State of Assam.

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2. By this application, the petitioner has prayed for pre-arrest bail in

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connection with PRC Case No. 716 of 2024 arising out of Chhaygaon Police Case No. 521 of 2022 registered under Section 306 of the IPC which is pending before the Court of the learned Chief Judicial Magistrate, Amingaon, Kamrup Assam.

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3. The FIR, in connection with which the petitioner is apprehending arrest, was lodged on 25.08.2022 by the wife of the deceased stating inter alia that on 22.08.2022, her husband was found hanging in the morning at about 5:30 a.m. It was further stated that on the following day, i.e. 23.08.2022 certain documents including a suicide note were recovered from the scooter of the deceased. It is alleged that from the contents of the said suicide note, the involvement of the petitioner in the incident of suicide was revealed. The informant further stated that it was the petitioner who had subjected her husband to mental harassment in various ways as a result of which he was compelled to commit suicide.

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4. The learned counsel appearing for the petitioner submits that neither the FIR nor the charge-sheet contains any specific averment regarding the contents of the alleged suicide note. It is further submitted that there is no specific allegation that the petitioner had abetted the deceased to commit suicide.

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5. Mr. B. Sharma, learned APP however submits that the suicide note does not form part of the records of the case. He further submits that the FIR clearly states that the deceased was subjected to mental harassment by the petitioner through his acts and conduct as a result of which the deceased committed suicide.

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6. Upon consideration of the submissions advanced by the learned counsel for

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the parties and more so in view of the settled position of law laid down by the Hon’ble Supreme Court that in order to establish the offence of abetment of suicide, the necessary incriminating materials indicating the ingredients of such offence must be available which are lacking in the instant case, this Court deems it fit and proper to enlarge the petitioner on pre-arrest bail. Accordingly, the petitioner shall be released on pre-arrest bail on furnishing a bail bond of Rs. 20,000/- with one local surety of the like amount to the satisfaction of the Arresting Authority, subject to the following conditions:

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(i) The petitioner shall positively appear before the Investigating Officer within a period of 10 days from today and corporate with the investigation without any failure,

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(ii) The petitioner shall not hamper and tamper with the evidence of the case, and/or influence the witness connected with the case; and

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(iii) The petitioner shall not leave his residence without prior permission of the Investigating Officer.

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7. Accordingly, this Anticipatory Bail application is disposed of.

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JUDGE

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Comparing Assistant

Khargeswar Das v. the State of Assam

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Khargeswar Das v. the State of Assam

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