Natwar Lal Kedia v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C.(A) No. 841 of 2019 Natwar Lal Kedia S/o Late Shri Shambu Lal Kedia Aged About 57 Years Profession Business, R/o Ramanujganj Road, Ambikapur, Police Station And Tehsil Ambikapur, District Sarguja, Chhattisgarh., District : Surguja (Ambikapur), Chhattisgarh.

---- Applicant

Versus

State Of Chhattisgarh Through Police Station In Charge Manipur, Ambikapur, District Sarguja Chhattisgarh., District : Surguja (Ambikapur), Chhattisgarh.

---- Respondent For the Applicant :

Shri Sunil Otwani, Advocate.

For the Respondent/State :

Shri I. Lakra, Dy. G.A.

Hon'ble Shri Justice Rajendra Chandra Singh Samant

ORDER

25.06.2019 1.

Heard on application under Section 438 of the Code of Criminal Procedure, 1973.

2.

This is the first bail application filed under Section 438 of the Code of Criminal Procedure, 1973 for grant of anticipatory bail to the applicant who is apprehending arrest in connection with Crime No. 247 of 2019, registered at Police Station - Manipur, Ambikapur, District - Sarguja, Chhattisgarh for the offence punishable under Section 306 of the Indian Penal Code. 3.

It is submitted by counsel for the applicant that the applicant has been falsely implicated in this case. No case is made out against the applicant on the basis of the material placed before the Court by the prosecution. The

deceased was an employee of this applicant. On the day before incident, the deceased had committed some theft because of which, the deceased scolded him and turned out of the job. The deceased committed suicide on the next day with respect to which this applicant had no connection and he has never abetted to commit suicide. Hence, it is prayed that the applicant be benefited with grant of anticipatory bail. 4.

Learned State counsel opposes the bail application and the submissions made in this respect.

5.

Heard counsel for both the parties and perused the case diary. 6.

According to the FIR lodged, this applicant has made some allegation against the deceased regarding stealing of money and had abused and threatened him because of which, he felt insulted and he committed suicide on the very next day by hanging himself.

7.

After considering all the facts and circumstances of the case, I am of the considered view that the present is a fit case where the applicant should be benefited with grant of anticipatory bail. 8.

Accordingly, the anticipatory bail 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 executing a personal bond in sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned Investigating Officer. He shall also

abide by the following conditions:

'(i) that the applicant shall make himself available for interrogation before the 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 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/- (Rajendra Chandra Singh Samant) Judge Nimmi