Deendayal Sahu v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.CR.C.(A). No. 847 of 2019 Deendayal Sahu, S/o. Ramji Sahu, Aged About 52 Years, R/o. Sakarra, Police Station Maalkharouda, District Janjgir Champa Chhattisgarh. Present Address M-42, Vikash Nagar, Kusmunda, Police Station Kusmunda, District Korba Chhattisgarh.

----Applicant

Versus

State Of Chhattisgarh, Through : Station House Officer, Police Station Maalkharouda, District Janjgir Champa Chhattisgarh. ---- Respondent For Applicant : Mr. Shubham Tripathi, Advocate For Respondent : Mrs. Madhunisha Singh, P.L.

Hon'ble Shri Justice Rajendra Chandra Singh Samant Order On Board 21/06/2019 1.

Apprehending arrest in connection with Crime No.101/2018, registered at Police Station - Maalkharauda, District - JanjgirChampa (C.G.) for offence punishable under Section 306, 34 of the Indian Penal Code, the applicant has preferred this application for grant of anticipatory bail.

2.

It is submitted by the learned 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 present in the case diary. The applicant simply lend some money to the father of the deceased. The applicant had never harassed or tortured the deceased so as to consider it as a case of abetment to commit

suicide. Therefore, it is prayed that the applicant may be granted anticipatory bail.

3.

Per contra learned State counsel opposes the application for grant of bail and the submissions made in this respect. 4.

I have heard the learned counsel for the parties and perused the case diary and the documents placed on record. 5.

The deceased Rohitas Sahu committed suicide on 07.02.2018. In the suicide note left by him, he has mentioned the name of this applicant as the person from whom his father has borrowed some amount against which interest was paid every month. 6.

Considered the submissions made and the contents of the case diary. Considering on the entire material present in the case diary, this Court is inclined to extend the benefit of Section 438 of Cr.P.C. to the applicant.

7.

Accordingly, the anticipatory bail application filed under Section 438 of Cr.P.C. is allowed.

8.

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. The applicant 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/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.

Certified copy as per rules.

Sd/- (Rajendra Chandra Singh Samant) Judge Balram