Virendra Kumar Verma v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6125 of 2020 Virendra Kumar Verma S/o Hariram Verma Aged About 35 Years R/o- Kenda P.S. Seepat, Dist- Bilaspur, Chhattisgarh ---- Applicant

Versus

State Of Chhattisgarh Through- Station House Officer, P.S.- Ratanpur, DistrictBilaspur, Chhattisgarh ---- Respondent For Applicant :

Ms. Reena Singh, Advocate For State :

Mr. Dinesh Tiwari, Dy. Govt. Advocate S.B. Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 14/10/2020 Heard.

1. The applicant is arrested in connection with Crime No.532/2019 registered in Police Station -Ratanpur, District -Bilaspur (CG) for alleged commission of offence under Section 306 IPC.

2. Case of the prosecution, in brief, is that the applicant and other co-accused abetted Param to commit suicide.

3. Learned counsel for the applicant would submit that from the facts disclosed by the State itself, no case of abetment is made out. She would submit that lodging of report against the deceased by the present applicant alleging that the deceased was outraging modesty of his wife, cannot be said to be an act of abetment within the meaning of Section 107 IPC. Learned counsel further submits that the investigation is complete, charge sheet has also been filed and the applicant is in jail since 18.8.2020, therefore, at this stage, he may be granted bail.

-24. On the other hand, learned counsel for the State opposed the bail application by submitting that in the suicidal note which was recovered from the dead body, it has been clearly stated that the deceased committed suicide because of harassment meted out to him by the present applicant and other coaccused who lodged criminal case against him on false accusation.

5. On prima facie consideration, it is found that the deceased left the suicidal note in which he has held the present applicant and the co-accused responsible for committing suicide in the background that a report of commission of offence under Section 354 IPC was registered against the deceased on the allegation that he outraged modesty of wife of the present applicant. Except this, there is no other allegation of applicant either harassing or torturing or in any other manner instigated the deceased to commit suicide. Therefore, in view of the above consideration, I am inclined to grant bail to the applicant.

6. The application is accordingly allowed. It is directed that the applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.25,000/- along with two local sureties for the like amount to the satisfaction of the concerned trial Court with following further conditions:- (i) The applicant shall not act in any manner which will be prejudicial to fair and expeditious trial; and (ii) 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/---/-/------ (Manindra Mohan Shrivastava) Judge Praveen