Nilesh Parmar v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6371 of 2020 Nilesh Parmar S/o Shri Paresh Parmar Aged About 46 Years R/o Kandiwali, Mumbai Maharashtra., District : Mumbai, Maharashtra ---- Applicant

Versus

State Of Chhattisgarh Through Officer In Charge, Police Station Azad Chowk , District Raipur Chhattisgarh., District : Raipur, Chhattisgarh ---- Respondent For Applicant :

Shri Achyut Tiwari, Advocate For State :

Shri Ravish Verma, Govt. Advocate S.B. Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 15/10/2020 Heard.

1. The applicant is arrested in connection with Crime No.332/2019 registered in Police Station - Azad Chowk, Raipur, District -Raipur (CG) for alleged commission of offence under Sections 308, 326, 304, 34 IPC.

2. Case of the prosecution, in brief, is that the present applicant and co-accused were prescribing and giving heavy dosage of medicines to one Sandeep Singh Thakur knowing fully well the adverse effect of the said medicine/drug, as a result of which, Sandeep Singh was admitted to the hospital in a critical condition. Sandeep Singh was a body builder by his profession, running a Gym at Raipur and due to reaction of the said medicine, he fell grievous ill. It is alleged that the said heavy dosage of medicines has the effect of the slow poison and is dangerous to life.

3. Learned counsel for the applicant would submit that the applicant has been falsely implicated. He has not committed any such offence. It is submitted

-2that co-accused Sumit Roy Chowdhury who is alleged to have administered drug to deceased Sandeep Singh Thakur has already been granted bail by this Court vide order dated 4.2.2020 passed in MCRC No.8243 of 2019. Learned counsel submits that the applicant is in jail since 17.8.2020, therefore, at this stage, he may be granted bail.

4. On the other hand, learned counsel for the State opposed the bail application by submitting that the present applicant is a Gym Trainer and was instrumental in advising the dangerous drug which was administered to Sandeep Singh Thakur by co-accused Sumit Roy Chowdhury. Thus, it is on the advice of present applicant that the dangerous drug was administered.

5. Taking into considerations the submissions made by learned counsel for the parties, the nature of allegation and further taking into consideration that coaccused Sumit Roy Chowdhury has already been granted bail by this Court and the present applicant is in jail since 17.8.2020 and that charge sheet has also been filed, I am inclined to allow the application of the present applicant also.

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 one local surety 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