Parshottam Das @ Sant Das Bhandare And ORS. v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRCA No. 643 of 2015 1.

Parshottam Das @ Sant Das Bhandare & Ors. S/o Dewal Dau Aged About 33 years R/o Village & Post- Dhaur, P.S. Jamul, Tahsil And District Durg, Chhattisgarh 2.

Sunil Kumar S/o Dewal Dau Aged About 28 Years R/o Village & PostDhaur, P.S. Jamul, Tahsil And District Durg, Chhattisgarh 3.

Ashok Kumar Bhandare S/o Dewal Dau Aged About 29 Years R/o Village & Post- Dhaur, P.S. Jamul, Tahsil And District Durg, Chhattisgarh ---- Applicants

Versus

State Of Chhattisgarh Through: District Magistrate, Durg District- Durg, Chhattisgarh ---- Respondent For Applicant :

Shri Amiyakant Tiwari, Advocate.

For Respondent / State :

Ms. Shubha Shrivastava, Panel Lawyer Order On Board 23/07/2015 Heard.

The applicants are apprehending their arrest in connection with Crime No.178/15 registered at police station - Jamul, Durg for alleged commission of offence under Section 306/34 of IPC.

2.

Prosecution case is that Usha Bai, because of sustained cruelty and torture, committed suicide. The allegations against the applicants are that they were also members of the family being brother-in-laws and joined the other co-accused in harassing and torturing the deceased so much so that she committed suicide. 3.

Learned counsel for the applicants submits that the allegations are against other accused but as far as these accused are concerned, there are no specific allegations. He further submits that looking to the nature of relation they had with the deceased, it is highly improbable that they would involve with the other accused in harassing her.

4.

On the other hand, learned State counsel opposes the bail application and submits that the allegations are against all the accused. 5.

Taking into consideration the submission of learned counsel for the parties, particularly the nature of allegations, I am inclined to grant bail to the applicants. 6.

Accordingly, the application is allowed. It is directed that in the event of arrest of the applicants in connection with the aforesaid offence, they shall be released on bail on each of them furnishing a personal bond in the sum of Rs.20,000/- along with one local surety for the like amount to the satisfaction of the arresting officer and the applicants shall abide by all the following terms and conditions - (i) that the applicants shall make themselves available for interrogation by a Police Officer as and when required;

(ii) that they 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 them from disclosing such facts to the Court or to any Police Officer.

(iii) that they shall not act, in any manner, which will be prejudicial to fair and expeditious trial; and (iv) that they shall appear before the trial Court on each and every date given to them by the said Court till disposal of the trial. Certified copy as per rules.

Manindra Mohan Shrivastava Judge Deepti