Smt. Payal Singh vs State Of Chhattisgarh 9 Mcrca/477/2020 ... on 1 July, 2020

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Chattisgarh High Court

Smt. Payal Singh vs State Of Chhattisgarh 9 Mcrca/477/2020 ... on 1 July, 2020

Bench: Prashant Kumar Mishra

                              1
                                            MCRCA No. 492 of 2020 &
                                             MCRCA No. 477 of 2020


                                                          NAFR

      HIGH COURT OF CHHATTISGARH, BILASPUR

                  MCRCA No. 492 of 2020

    Smt. Payal Singh W/o Mohnish Chandra Singh Rajput Aged
     About 34 Years Presently R/o Ward No. 1, Shiv Mandir
     Chowk , Khairagarh, Police Station And Tahsil Khairagarh,
     District Rajnandgaon Chhattisgarh.

                                                 ---- Applicant

                            Versus

    State Of Chhattisgarh Through Police Station Chhuikhadan,
     District Rajnandgaon Chhattisgarh.

                                             ---- Respondent

MCRCA No. 477 of 2020  Ravi Narayan Deshmukh S/o Late Shri Videshi Ram Deshmukh, Aged About 40 Years R/o Ward No. 6, Sonar Para, Khairagarh, Police Station Chhuikhadan, District Rajnandgaon Chhattisgarh.

---- Applicant Versus  State Of Chhattisgarh Through The Police Station Chhuikhadan, District Rajnandgaon Chhattisgarh.

---- Respondent For Applicants :- Mr. Rakesh Pandey, Advocate For Respondent-State :- Ms. Fouzia Mirza, Addl. A.G. For Objector :- Mr. Raghvendra Pradhan, Advocate 2 MCRCA No. 492 of 2020 & MCRCA No. 477 of 2020 Proceedings through Video Conferencing Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 01/07/2020

1. The aforesaid MCrCs are being disposed of by this common order as they are arising out of Crime No.50/2020, registered in Police Station Chhuikhadan, District - Rajnandgaon, C.G. for offence under Section 306 read with 34 of the I.P.C.

2. Applicants are posted as teachers in the same school where the deceased was posted as in-charge Principal. One anonymous complaint against the present applicants was enquired by the authorities and they were found innocent. The applicants suspected that it was the deceased who was instrumental in lodging complaint against them, therefore, they started mentally harassing the deceased for which he committed suicide.

3. Ms. Fouzia Mirza, learned State counsel and Mr. Raghvendra Pradhan, learned counsel for the objector would vehemently oppose the prayer for anticipatory bail. According to learned counsel for the objector, the applicants are influential persons and they may influence the trial.

4. Considering that the applicants are government servants and they have not done any overt act because of which the deceased has committed suicide but the same is in the 3 MCRCA No. 492 of 2020 & MCRCA No. 477 of 2020 nature of mental harassment and for the fact that they have roots in the society, there is no likelihood of their absconding, this Court is inclined to admit them to anticipatory bail.

5. Accordingly, the application is allowed and it is directed that in the event of arrest of the applicants, they shall be released on anticipatory bail on each of them executing a personal bond for a sum of Rs.50,000/- with one surety in the like sum to the satisfaction of the arresting officer with the following conditions:-

(I)they shall make themselves available for interrogation by a police officer as and when required;

(ii)they 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 from disclosing such facts to the Court or to any police officer;

(iii) the applicants shall not influence the witnesses during pendency of the trial.

SD/-

(Prashant Kumar Mishra) Judge Ayushi

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