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High Court Of ChhattisgarhMCRCA/253/2019allowed

Ajay Lahre And ORS. v. State Of Chhattisgarh

2019-03-05Hon'Ble Shri Justice Rajendra Chandra Singh Samant3 pages

Page No.1 HIGH COURT OF CHHATTISGARH, BILASPUR MCRCA No. 253 of 2019

1. Ajay Lahre, S/o Shri Ramkumar Lahre, aged about 20 Years, R/o Village Kalmidih, Thana & Tahsil-Kasdol, Civil & Revenue District Baloda Bazar-Bhatapara Chhattisgarh,.

2. Jay Lahre, S/o Shri Ramkumar Lahre, aged about 21 Years, R/o Village Kalmidih, Thana & Tahsil-Kasdol, Civil & Revenue District Baloda Bazar-Bhatapara Chhattisgarh.

3. Rajendra Patle, S/o Shri Ramesharu, aged about 28 Years, R/o Village Kalmidih, Thana & Tahsil-Kasdol, Civil & Revenue District-Baloda Bazar-Bhatapara Chhattisgarh.

---- Applicants

Versus

• State of Chhattisgarh Through The Station House Officer, Police Station-Kasdol, District-Baloda Bazar-Bhatapara Chhattisgarh. ---- Respondent __________________________________________________________ For Applicants :

Mr. Sunil Sahu, Advocate.

For Respondent :

Mrs. Madhunisha Singh, Panel Lawyer.

------------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Rajendra Chandra Singh Samant Order On Board 05/03/2019

1. The applicants have preferred this bail application under Section 438 of Cr.P.C. apprehending their arrest in connection with Crime No.03/2019 registered at Police-Station-Kasdol, District - BalodabajarBhatapara(C.G.), for the offence punishable under Sections 306/34 of Indian Penal Code (for short 'IPC').

Page No.2

2. Learned counsel for applicants submits that applicants are innocent and have been falsely implicated in this case. No case is made out of abetment to commit suicide against the applicants according to the FIR lodged in this case, hence, it is prayed that the applicants may be enlarged on anticipatory bail.

3. Learned State Counsel opposes the bail application and the submissions made in this respect.

4. Heard both the parties and perused the case diary.

5. According to the FIR lodged deceased Om Prakash had outraged the modesty of sister of applicant No.1 & 2, because of which he was beaten and thrashed by these applicants. Later on, the deceased committed suicide on 27.6.2018 by hanging himself. Hence, this case.

6. After considered the entire material present in the case diary, I am of this, I am of this opinion that applicants deserves to be benefited with grant of anticipatory bail..

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

(i) that the applicants shall make themselves available for interrogation before the investigating officer as and when required;

(ii) that the applicants shall not, directly or indirectly, make any

Page No.3 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 applicants shall not act, in any manner, which will be prejudicial to fair and expeditious trial; and (iv) that the applicants shall appear before the trial Court on each and every date given to them by the said Court till disposal of the trial.

Sd/- (Rajendra Chandra Singh Samant) Judge Nisha