Haldhar v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 3316 of 2019 Haldhar S/o Nakul Nagwanshi Aged About 35 Years R/o Village Kilkil, P.S. And Tahsil Lailunga, Districr Raigarh Chhattisgarh., District : Raigarh, Chhattisgarh. ---- Applicant

Versus

State Of Chhattisgarh Through Officer In-Charge Police Station Lailunga, Districr Raigarh Chhattisgarh., District : Raigarh, Chhattisgarh. ---- Respondent And M.Cr.C. No. 3383 Of 2019

1. Ram Singh S/o Balsai Kanwar Aged About 58 Years R/o Village Kilkil, Police Station And Tahsil Lailunga District Raigarh Chhattisgarh., District : Raigarh, Chhattisgarh

2. Karam Sai S/o Balsai Kanwar Aged About 55 Years R/o Village Kilkil, Police Station And Tahsil Lailunga District Raigarh Chhattisgarh., District : Raigarh, Chhattisgarh

3. Gandhi S/o Ram Singh Kanwar Aged About 30 Years R/o Village Kilkil, Police Station And Tahsil Lailunga District Raigarh Chhattisgarh., District : Raigarh, Chhattisgarh

4. Kartik S/o Ram Singh Kanwar, Aged About 28 Years R/o Village Kilkil, Police Station And Tahsil Lailunga District Raigarh Chhattisgarh., District : Raigarh, Chhattisgarh.

---- Applicants Vs State Of Chhattisgarh Through Officer In Charge Police Station Lailunga, District Raigarh Chhattisgarh., District : Raigarh, Chhattisgarh. ---- Respondent For the Applicants :

Shri Ashutosh Mishra, Advocate.

For the Respondent/State :

Shri Avinash K. Mishra, P.L.

Hon'ble Shri Justice Rajendra Chandra Singh Samant

ORDER

24.07.2019 Heard.

1.

Both these applications are decided by a common order as they arise from the same incident. These are the first bail applications of the applicants filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the applicants who have been arrested in connection with Crime No.67 of 2019, registered at Police Station Lailunga, District - Raigarh, Chhattisgarh for the offence punishable under Section 306 of the Indian Penal Code.

2.

Learned counsel for the applicants submit that the applicants in both the cases are in jail since 11.4.2019 and they have been falsely implicated in this case. Nothing has been done by these applicants so as to hold that they have abetted the deceased to commit suicide. After completion of investigation, the charge-sheet has been filed. Hence, it is prayed that the applicants in both the cases be benefited with grant of regular bail. 3.

On the other hand, learned counsel for the State opposes the bail applications and the arguments submitted in this respect. It is submitted that the applicants and other co-accused persons held a meeting on which the deceased was beaten and tortured having married one Leelavathi Painkara by the community and he was asked to pay a fine of Rs.60,000/- because of which, the deceased felt tortured and he committed suicide. Hence, for these reasons, none of the applicants deserves to be enlarged on bail. 4.

Heard counsel for both the parties and perused the case diary. 5.

According to the prosecution case, deceased - Prakash Painkara has married to Leelawati and was residing in another village. A meeting of the

caste community was held on 11.3.2019, in that the deceased and his wife were called. The parents and family members of Leelawati and also the members of the Panchayat firstly thrashed the deceased and then made a demand of Rs.60,000/- as fine. In the intervening night of 11.3.2019 and 12.3.2019, the deceased committed suicide by hanging himself. 6.

After considering the entire material present in the case-diary and also for the reason that the trial of the case is likely to take some time for its final disposal, I feel inclined to grant regular bail to the applicants in both the cases.

7.

It is directed that the applicants in both the cases shall be released on bail on each of them furnishing a personal bond in the sum of Rs.25,000/- in respect of each crime with one surety in the like sum to the satisfaction of the concerned trial Court, for their appearance as and when directed. In case any default is committed by the applicant/s in appearing before the concerned trial Court, this order granting bail shall stand cancelled automatically.

Sd/- (Rajendra Chandra Singh Samant) Judge Nimmi