Upam Das Vs the State of Assam

filed by the petitioner, namely, Upam Das, has prayed for grant of bail in connection with Chhaygaon P.S Case No. 02/2026 registered under Section 108 of BNS, 2023.

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3. The FIR dated 02.01.2026, was lodged by the mother of the deceased with the allegation that on 01.01.2026, while she was sleeping, she went to call her but found her unconscious and was immediately taken to Hospital but was declared dead.

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4. It is alleged that her daughter had married the petitioner on 24.05.2016 through a court marriage and thereafter, she was subjected to a torture by her husband and as a result of which she suffered mental trauma leading to her death.

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5. Case diary has been received.

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6. The learned counsel for the petitioner submits that the petitioner and the deceased were in a relationship and had solemnized a court marriage but there was opposition from the family of the deceased, due to which marriage could not be solemnized, leading to depression on the part of the victim.

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7. Mr. D.P. Goswami, learned Additional Public Prosecutor submits that on the basis of the investigation that PM report is not available but investigation has found syringes etc from the place of the occurrence. The deceased was stated to be a nurse. It is also submitted that she was requesting the petitioner to socially marry her but the same was not being done. There are also materials, it is submitted that, the relationship did not meet with approval from the victim’s own family as well.

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8. To make out an offence of abetment of suicide, there has to be materials and evidence to indicate the role of the accused in abetting the suicide of the victim by way of instigation or conspiracy within the meaning of the definition of abetment in the penal code.

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9. The petitioner was arrested on 03.01.2026.

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10. In the given facts and circumstances, I deem it proper to grant bail to the accused at this stage.

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11. Accordingly, the above-named accused is allowed to go on bail of Rs.30,000/- (Rupees Thirty Thousand) only with one surety of like amount subject to the satisfaction of the concerned learned court with following conditions:

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(i) That the accused shall be available for the remaining investigation;

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(ii) That the accused shall not directly or indirectly make any inducement, threat or promise to any person who may be acquainted with the facts of the case so as to dissuade such person from disclosing such facts of the case before the Investigating Officer;

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(iii) That the accused shall not commit any offence while on bail;

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(iv) That the accused shall not hamper or tamper with the evidence;

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(v) That the accused shall not in any manner harm, intimidate or harass the informant and their family members.

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12. Return back the case diary.

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13. Violation of bail conditions might entail cancellation of the bail.