Neeraj Kumar Bari @ Golu vs State Of Chhattisgarh
2022 Latest Caselaw 518 Chatt

Citation : 2022 Latest Caselaw 518 Chatt
Judgement Date : 28 January, 2022

Chattisgarh High Court

Neeraj Kumar Bari @ Golu vs State Of Chhattisgarh on 28 January, 2022

                                                                  NAFR
             HIGH COURT OF CHHATTISGARH, BILASPUR
                             MCRCA No. 1519 of 2021
     1. Neeraj Kumar Bari @ Golu S/o Lallu Prasad Bari Aged About 29
        Years Occupation-Business R/o Village- Udaypur, Police Station
        And Tahsil-Udaypur, District- Surguja(C.G.)
     2. Smt. Savitri Devi W/o Lallu Prasad Bari Aged About 60 Years R/
        o Village- Udaypur, Police Station And Tahsil-Udaypur, District-
        Surguja(C.G.)
     3. Lallu Prasad Bari S/o Late Saryu Prasad Bari Aged About 65
        Years R/o Village- Udaypur, Police Station And Tahsil-Udaypur,
        District- Surguja(C.G.)
                                                         ---- Appellant/s.
                                 Versus
      State Of Chhattisgarh Through The Station House Officer, Police
       Station- Gandhinagar, Ambikapur, District- Surguja (C.G.)
                                                         ---- Respondent

For the Applicant/s :- Mr. Jitendra Shrivastava, Advocate For the Objector :- Mr. Vipin Tiwari, Advocate For the State :- Mr. Wasim Miyan, PL _______________________________________________________________

Hon'ble Shri Justice Deepak Kumar Tiwari,

Order on Board 28.01.2022

1. The first bail application under Section 438 of the Code of

Criminal Procedure has been filed by the accused/applicants for grant

of anticipatory bail in connection with Crime No. 644 of 2021 registered

at Police Station Gandhinagar, Ambikapur, District Surguja, CG for the

offence punishable under Section 306/34 IPC.

2. Case of the prosecution story in brief is that the marriage of the

applicant No. 1 was fixed with the deceased Savitri Bari prior to 4 years, but due to the death of grandfather and elder father of Savitri

Bari, the marriage of applicant No. 1 and the deceased could not

perform in the years 2021, the marriage of applicant No. 1 was

performed with another girl. After coming to the knowledge of marriage

of applicant No. 1, the deceased has committed suicide by hanging

herself in the field of her house on 10.10.2021.

3. Learned counsel for the applicant submits that the applicants

are innocent and has been falsely implicated in this case. He further

submits that bare perusal of the entire material no offence under

Section 306 IPC is made out the counsel also place reliance on the

judgment delivered by this Court in Criminal Revision No. 111 of 2018

(Kewal Krishnakant Vishwakarma Vs. State of Chhattisgarh) order

passed on 05.03.2019 in which para 16 it was observed that only on

refusal of marriage, if a girl or boy commits suicide, that cannot be held

to be a case of offence under Section 306 of the Indian Penal Code,

therefore, he may be enlarged on bail.

4. Per contra, learned State counsel and objector opposes the bail

application vehemently.

5. Heard counsel for the parties and perused the documents filed in

the applicant.

6. Considering the facts and circumstances of the case particularly,

taking into consideration allegation against the present applicants and

after hearing submission, without commenting anything on merits of the

case, this Court is of the opinion that it is a fit case for grant of

anticipatory bail to the applicants.

7. Accordingly, the bail application is allowed and it is directed that

in the event of arrest of the applicants, on furnishing a personal bond

each of them in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned Court below, they shall be released

on bail on the following conditions:-

(a) They shall make themselves available for

interrogation by a police officer as and when required.

(b) 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 them from

disclosing such fact to the Court or to any police officer,

(c) They shall not act in any manner which will be

prejudicial to fair and expeditious trial,

(d) After filing of the charge-sheet, they shall appear

before the trial Court on each and every date given to

them by the said Court till disposal of the trial,