IMPORTANT POINT
To establish abetment of suicide, there must be clear evidence of instigation or encouragement leading to the act, not mere allegations of harassment.

JUDGMENT :

PARTHIVJYOTISAIKIA, J.

These two bail applications are filed under Section 483 of the BNSS of 2023 whereby the petitioners Smti. Porishmita Baishya Phukan @ Porishmita Phukan and Shri Dulal Bora who were arrested in connection with Sonari P.S. Case No.112/2024 have prayed for releasing them on bail.

2. Heard Mr. B.K. Mahajan and Mr. S.N. Tamuli, the learned counsels appearing for the petitioners. Also heard Mr. M. Phukan, the learned Public Prosecutor, Assam.

3. Late Debajit Hazarika was the President of Rajapukhuri Gaon Panchayat. On 15.07.2024, the petitioner Dulal Bora wrote letters to the the Governor of Assam; Chief Executive Officer, Charaideo Zila Parishad and to the Principal Secretary of Panchayat & Rural Development, Government of Assam at Guwahati wherein he alleged irregularities in construction of Raidongia Devitukura Hari Mandir. It was alleged that in the financial year 2021-22, an amount of Rs.2,16,500/-was sanctioned for construction of the said Mandir under Rajapukhuri Gaon Panchayat. He further alleged that somebody had misappropriated the aforesaid money. In order to show the Mandir was under construction, some photographs were uploaded in the Mera Panchayat Application. Sri Dulal Bora has alleged that those photographs were not of the Mandir but of the house built by late Debajit Hazarika. According to Dulal Bora, by uploading fake photographs, Rs.2,16,500/-was misappropriated.

4. On the basis of the said applications filed by Sri Dulal Bora, the Chief Executive Officer, Charaideo Zila Parishad wrote a letter to the Block Development Officer, Sonari, directing him/her to lodge an FIR against late Debajit Hazarika and all other persons allegedly involved in misappropriation of public funds in construction of Hari Mandir at Devitukurachuk under Rajapukhuri Gaon Panchayat.

5. Accordingly, the Block Development Officer, Sonari, lodged an FIR before Officer-in-Charge, Sonari Police Station requesting him to carry out an inquiry against late Debajit Hazarika, former President Rajapukhuri Gaon Panchayat and all other persons involved in misappropriation of money in construction of the aforesaid Hari Mandir.

6. Thereafter, on 20.09.2024, late Debajit Hazarika committed suicide by hanging. On the same day, his wife Mousumi Likson Hazarika lodged an FIR before police alleging that her deceased husband was threatened and mentally tortured by some prominent people by spreading false news on social media and newspapers. She alleged that the said acts were done just to tarnish the image of her deceased husband. Mrs. Hazarika states that her husband left behind a suicide note wherein he had mentioned the names of Sri Ranjit Borgohain (Ex-Block Development Officer), Md. Rafik Ahmed (Journalist, News Live), Smti. Porishmita Phukan (Journalist) and Shri Dulal Bora (RTI Activist). The complainant Smti. Hazarika has accused those persons that for their acts, her husband had to commit suicide.

7. Late Hazarika left behind two suicide notes containing about 26 pages. One was written while he was in Nepal where he had gone to receive treatment of his eyes. This note does not contain any date, but the other note was written on 18.09.2024.

8. The gist of the undated letter shows that he was interested in public service since his childhood. He was an Office Bearer of the NE School where he studied. In the High School also, he was the Assistant General Secretary. When he was in Class-XI, he was the General Secretary. Subsequently, in Sapekheti area, he was the Office Bearer of All Assam Students Union in different capacities. He was the youngest Executive Member of the students union in the district of Sivasagar. He never earned any bad reputation as a student leader. Later on, by paying bribe, he became an officer of a company. For paying the bribe, he had to sell the ornaments of his wife. He was maintaining good relationship with highly placed people and therefore, he used to give electricity connections to some people who actu