Ashish Gharami v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1907 of 2016 • Ashish Gharami S/o Tapan Kumar Gharami Aged About 27 Years R/o Ward No. 32 Godaripara, P.S. Chirmiri, Distt. Koria Chhattisgarh. ---- Applicant

Versus

• State Of Chhattisgarh Through P.S. Chirmiri, Distt. & Rev. Distt. Koria Chhattisgarh. ---- Respondent For applicant :

Shri Raj Kumar Gupta, Advocate For Respondent/State :

Shri O.P. Sahu, Government Advocate Hon'ble Shri Prashant Kumar Mishra, J ORAL ORDER (16.05.2016) The applicant has preferred this application for grant of bail as he is arrested in connection with Crime No. 437/2015, registered at Police Station Chirmiri, District Koria for an offence punishable under Section 306 IPC.

2.

Deceased Pinki alias Salma, daughter of Jahida committed suicide on 16.12.2015. She was an employee in the Grand News Channel (City Cable) Baikunthpur District Koria. Applicant herein namely Ashish Gharani, Afsar Ali, Abdul, Chhotu, Sujit, Jaikishan and Raju were also working with the deceased in the said Grand News Channel. It is alleged that a day prior to the incident, applicant humiliated the deceased by saying that she was a girl of bad character and apart from this, he is also alleged to have kissed her. 3.

Mother of the deceased preferred WP (Cr.) No. 11/2016 before this Court averring in paragraph No. 8.6 thereof that the present FIR was registered only against the applicant and not against respondents No. 9 to 14 therein namely Afsar Ali, Abdul, Chhotu, Sujeet, Jaikishan and Raju Banjara . It is also averred in the said writ petition that the applicant is an easy target and has been made scapegoat. Prior to filing of the above-mentioned writ petition, mother of the deceased also made complaint to S.P. Koria on 4.7.2016 and 4.1.2016 demanding fair investigation into the matter. 4.

State counsel would oppose the application for grant of bail.

5.

Considering the nature of evidence as also the averments made by the mother of the deceased in WP (Cr.) No. 11/2016 this Court is inclined to release the applicant on bail. Accordingly, the application is allowed and the applicant is directed to be released on bail on his furnishing a personal bond for a sum of Rs. 25,000/- with one surety for the like sum to the satisfaction of the trial Court.

6.

Superintendent of Police, Baikunthpur is also directed to make fair and proper investigation against the above-stated accused persons namely Afsar Ali, Abdul, Chhotu, Sujeet, Jaikishan and Raju Banjara by collecting all the evidence including electronic evidence in the shape of mobile data such as WhatsApp data, face book data and the call details of the deceased with the applicant and other probable accused persons, if any. Any violation of this order shall be viewed seriously and concerned SP shall be hauled up for committing the contempt of the authority of this Court. Certified copy as per rules.

Sd/- (Vacation Judge) Prashant Kumar Mishra Jyotishi