Satyanarayan Dehre v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRCA No. 578 of 2016 • Satyanarayan Dehre S/o Shri Sukhram Dehre, Aged About 48 Years Employee Of Cooperative Bank R/o Kobiya, Thana- City Kotwali, Bemetara, Tahsil And District Bemetara ( Chhattisgarh ) --- Petitioner

Versus

• State of Chhattisgarh Through - The Station House Officer, Police Station Dadhi, District Bemetara ( Chhattisgarh ) ---- Respondent For the applicant : Mr. Sachin Singh Rajput, Advocate For the Respondent : Mr. Neeraj Kumar Sharma, Dy.G.A.

Hon'ble Shri Justice Goutam Bhaduri Order on Board 02.08.2016

1. This is first bail application filed under Section 438 of the Code of Criminal Procedure seeking grant of anticipatory bail to the applicant in connection with Crime No. 81/2016 registered at P.S. Dadhi, District Bemetara (C.G) for the offence punishable under Section 306 IPC.

2. As per the prosecution case, the applicant was working as Manager at Seva Sahkari Samiti, Devgaon wherein the deceased Rameshwar was working as Peon. The allegation is that the applicant had abused the deceased for the reason that 1500 bags of paddy has been misappropriated by him as he was working as Peon and on 26.6.2015 the applicant abused the deceased, therefore, he committed suicide.

3. Learned counsel for the applicant submits that the applicant has been falsely implicated and if certain defalcation of paddy has been done in the Society then the applicant being manager has right to enquire about the same and he has not

abetted the deceased to commit suicide, therefore, he may be enlarged on anticipatory bail.

4. Per contra, learned State Counsel opposes the bail.

5. Perused the statements of Nilesh Singh and Ganesh Ram. Taking into consideration such statements and the totality of facts and circumstances of the case, I am inclined to admit the applicant to anticipatory bail.

6. Accordingly, the application is allowed and 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 his executing a personal bond in sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the officer arresting him or the concerned Investigating Officer. The applicant shall also abide by the following conditions :- (i) that he shall make himself available for interrogation before the investigating officer as and when required;

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

C.C. as per rules.

Sd/- GOUTAM BHADURI JUDGE R a o