Anpurna Singh v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRCA No. 1024 of 2016 • Anpurna Singh W/o Prabhakar Singh Aged About 28 Years Caste - Kushwaha, Occupation - House Wife, R/o Gadelpara - Police Station - Baikunthpur, District - Korea Chhattisgarh ----Applicant

Versus

• State Of Chhattisgarh Through : Police Station - Baikunthpur, District Korea Chhattisgarh ---- Respondent ------------------------------------------------------------------------------------------------- For Applicant :

Mr. Sumit Jhanwar, Advocate For Respondent/State :

Mr. Anant Bajpai, Panel Lawyer -------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri Order on Board 11-11-2016 1.

This application under Section 438 of Cr.P.C has been filed by the applicant apprehending his arrest in connection with Crime No. 176 of 2016 registered at Police Station Baikunthupur, District Korea (CG) for offence punishable under Section 306 /34 of IPC. 2.

As per case of the prosecution, one Ajit Singh committed suicide by hanging as also took medicine and had cut his arteries of wrist on 25-6-2016 for the reason that the applicant along with other coaccused persons has caused abetment and tortured the deceased for which he committed suicide and the same was revealed when the suicidal note was recovered after the death of the deceased and thereby the aforesaid offence has been committed. 3.

Learned counsel appearing for the applicant would submit that the deceased was in love relation with one Nirala Singh and she got married to another, therefore, the deceased committed suicide. He would further submit that there is no abetment caused by the

present applicant and only general allegations have been attributed to the present applicant, therefore, the applicant may be granted benefit of anticipatory bail.

4.

Learned State counsel opposes the prayer for grant of anticipatory bail.

5.

I have heard learned counsel for the parties, 6.

Perused the case diary and the documents as also the suicidal note wherein cause of death has been attributed to number of persons. 7.

Considering the facts and circumstances of the case and further considering the nature of allegations as it was made against the number of persons, I am inclined to extend benefit of anticipatory bail to the applicant.

8.

Accordingly, the anticipatory bail application is allowed and it is directed that in the event of arrest of the applicant in connection with the aforesaid offence, she shall be released on bail by the officer arresting her on her executing a personal bond in the sum of Rs.25,000/- with one local surety in the like sum to the satisfaction of the concerned Investigating Officer. The applicant shall also abide by the following conditions: (i) that the applicant shall make herself available for interrogation before the Investigating Officer as and when required. (ii) that the applicant 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/her from disclosing such facts to the Court or to any Police Officer;

(iii) that the applicant shall not act, in any manner, which will be prejudicial to fair and expeditious trial; and

(iv) the applicant shall appear before the trial Court on each and every date given to her by the said Court till disposal of the trial. Certified copy as per rules.

Sd/- (Goutam Bhaduri) Judge Raju