Date : 21.08.2025.
Heard Mr. B.K. Mahajan, learned counsel for the petitioner. Also heard Mr.
P. Borthakur, learned Additional Public Prosecutor, Assam appearing on behalf of
the respondent State and Mr. S. Nawaz, learned counsel appearing for the
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informant.
This is an application under Section 482 of BNSS, 2023 praying for grant
of pre-arrest bail to the accused petitioner, namely, Sri Rudra Kumar Pathak,
who is apprehending arrest in connection with the Bongaigaon P.S. Case No.
188/2025, under Sections 108/3(5) of the BNS, 2023.
The case diary is received and perused the same.
It is submitted by Mr. B.K. Mahajan, learned counsel for the petitioner that
the present petitioner is innocent and no way connected with the alleged
offence. The petitioner is a Government Registered contractor having valid
registration and in the said capacity, he has been running his contractual works
in various Departments with utmost sincerity and dedication, without any
complaint whatsoever from any corner and he also does not have any criminal
antecedent. He is also a senior citizen, aged about 70 years and also suffering
from various ailments including eye ailment i.e. suffering from glaucoma. As he
is in advance age and also due to illness, the petitioner does not regularly look
after the day to day activities of his business and as such, he has engaged
several employees who used to look after his projects. He was selected for the
project of construction of a mini stadium at Borsongaon in Bongaigaon District.
Further it is submitted that till date he had completed 66% of the construction
work and the petitioner has submitted bills for an amount of Rs. 7.2 Crores out
of which, bills for an amount of Rs. 4.96 Crores has been received and the
construction work is still going on. The building design was carried out by M/s.
Aesthetic Creations and the petitioner has no role in the same, if there are any
variations in the design of the stadium. He further submitted that he had met
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the deceased/victim only in the month of April, 2024, when she visited his
house to attend some function and thereafter, he never met the deceased in any
occasion and he also visits the work site rarely due to his illness as well as for
his old age. Further he had already received more than Rs. 4 Crores towards the
bill amount till date and there is no mention about any corruption against the
present petitioner or his involvement in committing any practice of corruption in
the alleged offence. In the suicide note also, nothing has been attributed
against the petitioner nor there is any allegation of instigation made against the
present petitioner to attract Section 45 of the BNS, 2023 (corresponding to
Section 107 of the IPC). He further submitted that abetment is a thing as
defined under Section 45 of the BNS, 2023 and on reading of the FIR, it can be
seen that none of the ingredients of abetment can be made out against the
present petitioner. Moreover, as stated above, the statement made in the FIR
itself, the deceased had specifically named certain persons and the present
petitioner’s name does not appear therein and as such, considering this aspect
also, the accused petitioner may be granted with the privilege of pre-arrest bail.
Further, there is no allegation of any mental or physical cruelty, proximate to the
death of the deceased and from the suicide note itself, it is seen that the
deceased was not in a rational state of mind, as she could not face the work
pressure.