Sanju Verma And ANR. v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C.No.5279 of 2015

1. Sanju Verma S/o Late Manharan Lal Verma, Aged about 30 years

2. Shiva Verma S/o Ashok Verma, aged about 22 years, Both R/o Village Malhar, O.P. Malhar, P.S. Masturi, District Bilaspur (CG) ---Applicants

Versus

State of Chhattisgarh, Through-O.P. Malhar, P.S. Masturi, District-Bilaspur (CG) ---Non-applicant For Applicants :

Mr. Rajesh Jain, Advocate For Non-applicant :

Mr. S.R.J.Jaiswal, Panel Lawyer Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 05/10/2015 1.

This is the first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the applicants who have been arrested in connection with Crime No.197/2015, registered at Police Out Post Malhar, Police Station-Masturi, District-Bilaspur (C.G.), for the offence punishable under Section 306/34 of the IPC.

2.

Case of the prosecution, in brief, is that the present applicant along with one co-accused investigated/abetted the deceased to commit suicide and thereby committed the aforesaid offence.

3.

Learned counsel for the applicants would submit that the applicants have not committed any offence and they have been falsely implicated in the case. He further submits that the applicants did not meet deceased Vikas Satnami on 26.6.2015 and allegation of abetment is groundless. In fact, the deceased has borrowed Rs.12,000/- from them and did not return the same and false case has

been registered against them, they are in jail since 11.9.2015 and charge-sheet has already been filed and therefore, they may be enlarged on bail. 4.

On the other hand, learned counsel for the State would oppose the bail application and submit that the present applicants have threatened the wife of the deceased to refund the money, otherwise, he will suffer consequence and on account of frustration and humiliation the deceased committed suicide. 5.

I have heard learned counsel appearing for the parties and perused the case diary.

6.

Taking into consideration the facts and circumstances of the case; further taking into consideration the nature and gravity of offence; nexus and proximity between conduct and behaviour of the applicant with suicide committed by the deceased and the fact that charge-sheet has already been filed, I am of the view that it is a fit case to enlarge the applicants on regular bail. 7.

Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed.

8.

It is directed that the applicants shall be released on bail on their furnishing a personal bond in the sum of Rs.25,000/- each with one surety in the like sum to the satisfaction of the concerned trial Court, for their appearance as and when directed.

9.

Certified copy as per rules.

Sd/- (Sanjay K. Agrawal) JUDGE B/-