Chattisgarh High Court
Rekha Gupta vs State Of Chhattisgarh on 18 April, 2024
Author: Parth Prateem Sahu
Bench: Parth Prateem Sahu
Neutral Citation
2024:CGHC:13761
1
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
MCRC No. 2345 of 2024
• Chandki Gupta S/o Shri Bhaw Sagar Gupta, Aged About 42 Years By
Caste-Rouniyar, Occupation-Business, R/o Village -Jarahi, P.S. Bhatgaon,
District- Surajpur, (C.G.)
------Applicant
VERSUS
• State of Chhattisgarh through Station House Officer, Police Station -
Bhatgaon , District- Surajpur, Chhattisgarh
-------Non-applicant
MCRC No. 2169 of 2024
• Rekha Gupta W/o Raju Gupta Aged About 29 Years Occupation-
Housewife, R/o- Village- Korandha, Police Station Bhatgaon, Distt.
Surajpur, Chhattisgarh
------Applicant
VERSUS
• State of Chhattisgarh through Police Station Bhatgaon Distt. Surajpur
(C.G.).
-------Non-applicant
For Applicant : Mr. Sumit Shrivastava, Advocate (MCRC
No. 2345/2024); Mr. Goutam Khetrapal, Adv.
(MCRC No. 2169/2024)
For State : Mr. Deepak Kumar Singh, Panel Lawyer
For Complainant : Mr. A.K. Prasad, Advocate
Hon'ble Shri Parth Prateem Sahu, Judge
ORDER ON BOARD
(18 / 04 /202 4)
1.As both the applications are arising out of the same crime number, they are heard together and decided by this common order.
2. Applicants have filed these first bail applications under Section 439 of CrPC for grant of regular bail as they have been arrested in connection with Crime No. 32/2024 registered at Police Station - Bhatgaon, District Surajpur (C.G.) for offence punishable under Sections 306, 34 of IPC.
3. 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 Neutral Citation 2024:CGHC:13761 2 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 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 and 13.02.2024.
4. Learned counsel for the respective applicants jointly submit that applicants have been falsely implicated in the crime. They submit 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 and 13.02.2024. After investigation, police have submitted charge-sheet. No custodial interrogation is required, trial may take some time, hence, they may be released on bail.
5. 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.
6. Mr. A.K. Prasad, 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.
7. I have heard learned counsel for the parties.
8. Taking into consideration, facts and circumstances of the case, nature of allegations, submission of learned counsel for the parties that after Neutral Citation 2024:CGHC:13761 3 investigation charge-sheet has been filed by the police, without commenting anything on merits of the case, I am inclined to allow these bail applications.
9. Accordingly, the bail applications are allowed. It is directed that the applicants shall be released on regular bail, upon each of the applicant furnishing a bail bond in the sum of ₹ 25,000/- with one surety in the like sum to the satisfaction of the Court on the conditions that-
a) Applicants shall appear before the Trial Court regularly on each and every date, unless exempted from appearance.
b) The applicants shall not, in any manner, tamper with the prosecution witnesses.
c) If the 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) Judge /pwn