Bharat Singh v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRCA No. 247 of 2019 • Bharat Singh S/o Shri Ramanand Singh, Aged About 62 Years, Occupation Retired employee of the SECL Colliery, R/o GM. Complex Chirmiri, District Korea Chhattisgarh, District : Koriya (Baikunthpur), Chhattisgarh ---- Applicant

Versus

• State of Chhattisgarh through The Station House Officer, Police Station Podi, District Korea Chhattisgarh, District : Koriya (Baikunthpur), Chhattisgarh ---- Non-applicant For Applicant - Shri Shubham Tripathi, Advocate. For Non-applicant/State - Shri Avinash K. Mishra, Panel Lawyer. Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 27-02-2019 1.

Apprehending arrest in connection with Crime No.06/2018, registered at Police Station - Podi, District Korea, Chhattisgarh for offence punishable under Section 306, 34 of the IPC, the applicant has preferred this application for grant of anticipatory bail.

2.

It is submitted by learned counsel for the applicant that the applicant has been falsely implicated in this case. On the basis of the material present in the case diary, no case is made out for abetment of commission of suicide. Therefore, it is prayed that this applicant may be benefited with grant of anticipatory bail.

3.

Learned counsel for the State/non-applicant opposes the application. 4.

Heard learned counsel for the parties and perused the case diary. 5.

Deceased Sukhmati had love affair with the son of this applicant and both were engaged to marry each other. In later on development the applicant and his son both refused to perform the marriage of son of the applicant with the deceased and also used abusive words against her, because of which the deceased committed suicide by consuming some poisonous substance.

-2Hence, this case.

6.

After considering on the material present in the case diary, I am of this opinion that it is a fit case for grant of anticipatory bail. 7.

Accordingly, the anticipatory bail application is allowed. It is directed that in the event of arrest of the applicant in connection with the aforesaid offence, he shall be released on bail by the officer arresting him on executing a personal bond in sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned Investigating Officer. The applicant shall also abide by the following conditions :

(i) that the applicant shall make himself available for interrogation before the investigating officer as and when required; (ii) that the applicant shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to any police officer;

(iii) that the applicant shall not act, in any manner, which will be prejudicial to fair and expeditious trial; and (iv) that the applicant shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial. 8.

Certified copy as per rules.

Sd/- (Rajendra Chandra Singh Samant) Judge Aadil