Neha Patkar v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRCA No. 747 of 2020 Neha Patkar D/o Rajendra Patkar Aged About 20 Years R/o Ward No. 2, House No. 25, Block Colony, Vijayraghavgarh, District Katani, Madhya Pradesh ---- Applicant

Versus

State Of Chhattisgarh Through- District Magistrate, Durg, District Durg, Chhattisgarh.

---- Respondent For Applicant : Mr. Ashish Gupta, Advocate.

For Respondent/State : Ms. Hamida Siddiqui, Dy. A.G.

Hon'ble Shri Justice Arvind Singh Chandel Order On Board 05.08.2020

1. The matter is heard through Video Conferencing.

2. The applicant has filed this bail application for grant of anticipatory bail under Section 438 of the Cr.P.C. as she is apprehending her arrest in connection with Crime No. 114/2020, registered at Police Station: Jamul, District: Durg (C.G.) for the offence punishable under Section 306 & 34 of IPC.

3. According to the case of prosecution, deceased Ku. Pragya Sarathe committed suicide by hanging herself. Allegations against the present Applicant is that being her room partner she had stolen money of the deceased and later on deceased committed suicide. A suicidal note of the deceased is also recovered. On the basis of said, offence has been registered.

4. Learned counsel appearing on behalf of the applicant submits that the applicant has been falsely implicated in the present case. He submits that if the entire case of the prosecution is taken as it is, there is no any act of offence punishable under section 306 of IPC, therefore, Prima Facie no case is made out against the present Applicant. He submits that other co-accused person namely Ms. Tripti Khare has been granted anticipatory bail by the coordinate bench of this Court vide order dated 22.06.2020 passed in MCRCA No.475/2020, therefore, it is prayed that the Applicant may be granted benefit of anticipatory bail.

5. Per contra, learned counsel appearing on behalf of State opposes the bail application.

6. I have heard learned Counsel for the parties.

7. Considering the facts and circumstances of the case and arguments adduced by counsel for the parties particularly considering the fact that other co-accused person namely Ms. Tripti Khare has been granted anticipatory bail by the coordinate bench of this Court vide order dated 22.06.2020 passed in MCRCA No.475/2020, without further commenting on other merits of the case, in my considered opinion, it is a fit case for grant anticipatory bail to the Applicant.

8. Accordingly, the anticipatory bail application is allowed.

9. It is directed that in the event of arrest, the applicant shall be released on bail on furnishing a personal bond in the sum of Rs. 25,000/- with one surety for the like sum to the satisfaction of the officer arresting her and she shall abide by all the following terms and conditions:-

I.

That the accused/applicant shall made herself available for interrogation before the concerned Investigating Officer as and when required;

II.

The accused/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.

The accused/applicant shall not act, in any manner which will be prejudicial to fair and expeditious trial; and IV.

The applicant shall appear before the Trial Court on each and every date given to her by the said Court till disposal of the trial.

Sd/- (Arvind Singh Chandel) Judge Saurabh