Yugal Kishor Dewangan v. The State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2229 of 2021 • Yugal Kishor Dewangan S/o Kapil Ram Dewangan Aged About 48 Years R/o Ward No. 11 Tihu Para Simga Tehsil Simga, District Balodabazar, Chhattisgarh ---- Applicant

Versus

• The State Of Chhattisgarh Through Station House Officer, Police Station Bemetara, Dist. - Bemetara Chhattisgarh ---- Respondent For Applicant :

Shri Himanshu Pandey, Advocate For Respondents/State :

Shri Sidhdharth Dubey, Dy. GA For Respondent/Objector :

Shri Akash Pandey, Advocate Hon'ble Shri Justice Goutam Bhaduri Order 02/08/20

1. Heard.

2. This is the First Bail Application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant who has been arrested on 03.03.2021 in connection with Crime No.146/2021 registered at Police Station Bemetara, District Bemetara (CG) for the offence punishable under Section 306 of the Indian Penal Code.

3. As per the prosecution case, one Pawan Singh Chauhan committed suicide by consuming poison. It is alleged that the present applicant who was running a school in the said school the children of the deceased were studying. The

applicant received the dues, however, was not issuing transfer certificate and other certificates when the deceased wanted to transfer them to other school and the applicant was blackmailing the deceased. The deceased, therefore, because of such abetment that for his act the future of the children is spoiled consumed poison and eventually died.

4. Learned counsel for the applicant submits that the charge-sheet in this case has been filed and if the fees has not been paid the documents can be withheld which would not constitute an offence, therefore, the applicant may be released on bail.

5. Per contra, learned State counsel opposes the prayer for grant of bail and read out the statement of the wife the deceased.

6. Considering the fact that the charge-sheet in this case has been filed and all the statements have been recorded and also taking into the nature of allegations, I am inclined to release the applicant on bail.

7. Accordingly, the application is allowed and the applicant is directed to be released on bail on his executing a personal bond in sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date given by the said Court. SD/-Sd/- Goutam Bhaduri Judge Ashu