Rupesh Mahilang v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRCA No. 759 of 2015 Rupesh Mahilang S/o Mahendra Mahilang Aged About 23 Years R/o Mahasamund, Police Station And Post Mahasamund, Civil And Rev. Distt. Mahasamund Chhattisgarh.
---- Applicant
Versus
State Of Chhattisgarh Through Police Station Saraipali, District Mahasamund Chhattisgarh.
---- Respondent For Applicant - Shri Manoj Paranjpe, Advocate For Respondent/State - Shri R.K. Gupta, Dy. A.G.
Order On Board 20/08/2015 Heard.
1.
The applicant is apprehending his arrest in connection with Crime No.473/2014 registered at Police Station- Saraipali, District- Mahasamund for alleged commission of offence under Section 306 of IPC.
2.
Prosecution case is that the co-accused working under the deceased used to hold out threat to the deceased that she would report to the higher officer against the indecent behaviour of the deceased. Aggrieved by this kind of behavour of the co-accused, it is alleged, that K.K. Nath, T.I. committed suicide. 3.
Learned counsel for the applicant submits that this Court has granted anticipatory bail of Rituraj Verma the co-accused, against whom, the main allegations have been leveled as against the applicant, he is involved, being the boyfriend of Rituraj Verma co-accused on the allegation that he demanded Rs.1 lac to patch-up the dispute between deceased and Rituraj Verma.
4.
On the other hand, learned State counsel submits that the material, which has been
collected so far, shows that the co-accused, without any basis involved in holding out threat to the deceased- Inspector that she would be making complaint to the higher officer as she suspected indecent behavour of the deceased whereas the deceased never did so. Thus, it was because of this constant threat and false implication that K.K. Nath, T.I. committed suicide. In the entire incident of given threat, the applicant as boyfriend of Rituraj Verma was actively involved and he demanded to extract Rs.1 lac from the deceased which was also one of the operative reason for the deceased to commit suicide. 5.
Taking into consideration the submission of learned counsel for the parties, particularly taking into consideration the nature of role alleged to be played by the applicant and that the co-accused Rituraj Verma, against whom, the main allegation in holding out threat are alleged, have been granted anticipatory bail by this Court vide order dated 17.06.2015 in M.Cr.C.(A) No. 435 of 2015, the application is allowed. 6.
It is directed that in the event of arrest of the applicant in connection with the aforesaid offence, he shall be released on bail on his furnishing a personal bond in the sum of Rs.20,000/- along with one local surety for the like amount to the satisfaction of the arresting officer and the applicant shall abide by all the following terms and conditions - (i) that the applicant shall make himself available for interrogation by a Police Officer as and when required;
(ii) that he 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 he shall not act, in any manner, which will be prejudicial to fair and expeditious trial; and (iv) that he 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/- Manindra Mohan Shrivastava J U D G E Rekha