Harilal v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MISC. CRIMINAL CASE (A) NO. 2 OF 2017 Harilal, S/o Sharvan Lal, aged 53 years, R/o Pakka Dhouda, Khongapani, P.S. Jhagrakhand, Tahsil- Manendragarh, District Korea (C.G.) ... Applicant

Versus

State of Chhattisgarh, through S.H.O., P.S. Jhagrakhand, District Korea (C.G.) ... Non-applicant For Applicant :

Mr. Chitranjay Singh Patel, Advocate.

For Non-applicant/State :

Mr. U.K.S. Chandel, Panel Lawyer.

Hon'ble Shri Justice P. Sam Koshy Order on Board 08/05/2017 1.

The present application has been filed under Section 438 of CrPC for grant of anticipatory bail to the Applicant who is apprehending his arrest in connection with Crime No. 186 of 2016, registered at Police StationJhagrakhand, District- Korea, for the offence punishable under Sections 306, 193, 196, 34 of IPC.

2.

Allegation against the present Applicant as per the prosecution case is that the deceased Ramanuj Sharma is said to have committed suicide on 13.4.2013 and before committing suicide he had left a suicidal note wherein he had blamed the Applicant to be solely responsible for the act of suicide. Case of the prosecution also is that the present Applicant is said to have lodged a false complaint at Police Station Jhagrakhand against the deceased and depressed and annoyed with the said false complaint made by the present Applicant, he took such an extreme step of committing suicide.

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Taking into consideration the entire facts and circumstances of the case and the nature of allegation levelled against the present Applicant, particularly the fact that the Applicant is an employee of South Eastern Coalfields Limited, this Court is of the opinion that a prima facie strong case for grant of anticipatory bail is made out. 4.

Accordingly, the present application under Section 438 of CrPC is allowed. It is directed that in the event of arrest of the Applicant in connection with Crime No. 186 of 2016, registered at Police StationJhagrakhand, District- Korea, for the offence punishable under Sections 306, 193, 196, 34 of IPC, if he furnishes a personal bond for a sum of Rs.25,000/- with one surety of the like amount to the satisfaction of the concerned arresting/investigating officer or the Court concerned, as the case may be, then he shall be released on bail on the following further conditions :

(i) that the applicant shall make himself available for interrogation before the concerned Investigating Officer as and when required;

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

Sd/- (P. Sam Koshy) /sharad/ Judge