Chattisgarh High Court
Umesh Gupta vs State Of Chhattisgarh on 25 April, 2024
Page No.1
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
MCRC No. 2497 of 2024
1. Umesh Gupta Son Of Ramnaresh Gupta Aged About 35 Years
Occupation-Service, Resident Of Village- Korandha, Police Station-
Bhatgaon,Dist.Surajpur,C.G.
2. Raju Gupta Son Of Ramnaresh Gupta Aged About 38 Years
Resident Of Village- Korandha, Police Station-Bhatgaon, Dist.
Surajpur, C.G.
---- Applicants(in jail)
Versus
1 - State Of Chhattisgarh Through Station House Officer, Police
Station, Bhatgaon, Dist.- Surajpur, C.G.
---- Non-applicant
---------------------------------------------------------------------------------------------------
For Applicant : Mr. Goutam Khetrapal and Ms. Rakshika Mishra, Advocates.
For Non-applicant/State : Ms. Mukta Tripathi, PL. For Objector : Mr.Divyanand Patel, Advocate.
S.B.:Hon'ble Shri Justice Parth Prateem Sahu Order On Board 25/04/2024
1. This is first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 on behalf of the applicants for grant of regular bail to them as they are in custody in connection with Crime No.32/2024 registered at Police Station Bhatgaon, District- Surajpur(C.G.) for the offence punishable under Section 306, 34 of Indian Penal Code.
2. Case of prosecution in brief is that on 12.02.2024 Shubham Gupta, brother of deceased, lodged morgue in the concerned police station stating that his brother died due to drowning in the Dam. The morgue was reported and during enquiry police seized Bullet motor bike, one mobile phone, jacket and slippers of the deceased from the spot. From Facebook message uploaded through mobile phone Page No.2 by the deceased it revealed that he has uploaded the suicidal note which was retrieved and got printed. Based upon which, aforementioned crime was registered against applicants and they were arrested on 12.02.2024 & 13.02.2024.
3. Learned counsel for the applicants submits that applicants have been falsely implicated in the crime. He submits that from contents of suicidal note it is appearing that shop of applicants in the name and style of Himanshi Cloth Store was set on fire and the deceased was suspected of committing the said act. Except this, there is no other allegation of continuous harassment or ill-treatment by the applicants. Applicants were arrested on 12.02.2024 & 13.02.2024. After completion of investigation, police have submitted charge- sheet. No custodial interrogation is required, trial may take some time, hence, they may be released on bail.
4. Learned State counsel opposes the submission of learned counsel for applicants and would submit that during investigation police seized one mobile phone and from it suicidal note uploaded by the deceased in his Facebook account was extracted from which it is clearly appearing that the applicants have falsely suspected upon the deceased of setting their cloth store on fire.
5. Mr. Divyanand Patel, learned counsel for complainant adopting the submission of learned State counsel further submits that deceased could not bear agony of false allegation levelled upon him, the entire family members were called up in the police station for investigation and this was the cause of unfortunate step taken by the deceased. He also submitted that the false allegations have been levelled against deceased and his family members just before the marriage of deceased, and therefore applicants were involved in committing the aforementioned crime.
Page No.3
6. I have heard learned counsel for the parties.
7. Taking into consideration, facts and circumstances of the case, nature of allegations, submission of learned counsel for the parties that after investigation charge-sheet has been filed by the police, without commenting anything on merits of the case, I am inclined to allow the bail application.
8. Accordingly, bail application is allowed and it is directed that applicants shall be released on bail, on each of them furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of trial Court concerned on the conditions that;
• they shall appear before the trial Court concerned regularly on each & every date unless exempted from appearance. • they shall not, in any manner, tamper with the prosecution witnesses.
• If applicants are found involved in similar offence in future, it will be open for the State to apply for cancellation of bail. Certified copy as per rules.
Sd/-
(Parth Prateem Sahu)
Nisha Judge