Sunita Bagh And ANR. v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8918 of 2018

1. Sunita Bagh W/o Rupendra Bagh Aged About 53 Years R/o H. No. 171, Sector-2, Kashiram Nagar, Telibandha, P. S. Telibandha, District Raipur Chhattisgarh, District : Raipur, Chhattisgarh

2. Rupendra Bagh S/o Samuel Bagh Aged About 55 Years R/o H. No. 171, Sector-2, Kashiram Nagar, Telibandha, P. S. Telibandha, District Raipur Chhattisgarh, District : Raipur, Chhattisgarh ---- Applicants

Versus

• State Of Chhattisgarh Through Police Station Vidhan Sabha Raipur District Raipur Chhattisgarh, District : Raipur, Chhattisgarh ---- Non-applicant For Applicants : Ms. Neha Verma, Advocate.

For Non-applicant : Shri Ramakant Pandey, Panel Lawyer Hon'ble Shri Justice Sharad Kumar Gupta Order On Board 11.12.2018

1. This is second bail application under Section 439 of the Cr.P.C. preferred by the applicants before this Court. No other bail application is pending before any other Court.

2. Perused the Case Diary provided by the learned counsel for the State in connection with crime No. 274/2018 registered at Police Station - Vidhan Sabha Raipur District Raipur (C.G.) for the offence punishable under Section 306/34 of the Indian Penal Code.

3. Case of the prosecution, in brief is that deceased Prafull Dubey was near about 36 years old on the date of incident. He was resident of Housing Board Colony, Dhansuli. The deceased demanded his loan amount from accused Vikram Bag then accused Vikram Bagh and his brother and the present applicants misbehaved with the deceased due

to which deceased Prafull Dubey committed suicide on 14.06.2018 by hanging himself. The applicant No. 1 Sunita Bagh is mother of the accused Vikram Bagh and applicant No. 2 Rupendra Bagh is father of the accused Vikram Bagh.

4. Learned counsel for the applicant argued that now charge sheet has been filed. Applicants are suffering from some disease, thus they may be granted bail.

5. On the other hand, learned counsel for the State opposes the bail application.

6. Earlier, the first bail application of the applicant has been rejected by this Court on 07.09.2018 in MCRC No. 5930 of 2018 considering the merits of the case.

7. Mere filing of charge sheet is not such a change which may entitle the applicants to be enlarged on bail in second round.

8. Looking to the entire materials available on record, the present bail application is rejected.

9. Certified copy as per rules.

Sd/- (Sharad Kumar Gupta) JUDGE kishore