Chhattisgarh High Court
MCRC/11157/2022 of SANDEEP MISHRA Vs STATE OF CHHATTISGARH on 31 December 2022
CHHATTISGARH, BILASPUR MCRC No. 11157 of 2022 Sandeep Mishra S/o Balendra Mishra, Aged About 29 Years R/o Village Hanfa, Ward No. 9, Near School, Police Station-Sakri, District Bilaspur (C.G.) ---- Petitioner Versus State Of Chhattisgarh Through Station House Officer, Police Station
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
MCRC No. 11157 of 2022
Sandeep Mishra S/o Balendra Mishra, Aged About 29 Years R/oVillage Hanfa, Ward No. 9, Near School, Police Station-Sakri,District Bilaspur (C.G.) Sandeep Mishra S/o Balendra Mishra, Aged About 29 Years R/oVillage Hanfa, Ward No. 9, Near School, Police Station-Sakri,District Bilaspur (C.G.)
---- Petitioner
Versus
State Of Chhattisgarh Through Station House OfÏcer, PoliceStation Sakri, District Bilaspur (C.G.) State Of Chhattisgarh Through Station House OfÏcer, PoliceStation Sakri, District Bilaspur (C.G.)
---- Respondent
For Applicant
For Respondent /State
Mr. Abhishek Sinha, Senior Advocate with Mr. Rohan Patnaik, Advocate Mr. Ravi Bhagat, Dy. GA
SB.: Hon'ble Mr. Justice Deepak Kumar Tiwari Order On Board 31/12/2022
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1. Heard.
2. This is an application filed under Section 439 of the Code ofCriminal Procedure for grant of regular bail to the applicant,who has been arrested in connection with Crime No.465/2022registered at Police Station Sakri, District Bilaspur (CG) for theoffence punishable under Sections 306, 384, 34 of the IPC andSections 3,4 of the Karja Act.Criminal Procedure for grant of regular bail to the applicant,who has been arrested in connection with Crime No.465/2022registered at Police Station Sakri, District Bilaspur (CG) for theoffence punishable under Sections 306, 384, 34 of the IPC andSections 3,4 of the Karja Act.
3. The prosecution case is that during the lock-down period, thepresent applicant and other co-accused had advancedRs.11,00,000/- to deceased Rishabh Nigam. After COVID-19period, the applicant and other co-accused demanded theirmoney back, therefore, the deceased left a suicide note andcommitted suicide on 16.9.2022.present applicant and other co-accused had advancedRs.11,00,000/- to deceased Rishabh Nigam. After COVID-19period, the applicant and other co-accused demanded theirmoney back, therefore, the deceased left a suicide note andcommitted suicide on 16.9.2022.
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4. Learned Senior Counsel for the applicant submits that thenecessary ingredients of the offence under Section 306 of theIPC is not attracted in the present case. He further submitsthat co-accused Amit Kumar Bharte and Jitendra Mishra havebeen granted ad-interim bail by a Coordinate Bench of thisCourt vide order dated 27.12.2022 passed in MCRC No.10970 of2022 and MCRC No.11156 of 2022. He further submits that thefather of the applicant is seriously ill and is admitted in CIMSHospital, Bilaspur. Hence, he prays for releasing the applicanton regular bail.necessary ingredients of the offence under Section 306 of theIPC is not attracted in the present case. He further submitsthat co-accused Amit Kumar Bharte and Jitendra Mishra havebeen granted ad-interim bail by a Coordinate Bench of thisCourt vide order dated 27.12.2022 passed in MCRC No.10970 of2022 and MCRC No.11156 of 2022. He further submits that thefather of the applicant is seriously ill and is admitted in CIMSHospital, Bilaspur. Hence, he prays for releasing the applicanton regular bail.
5. On the other hand, learned counsel for the State opposes thebail application.bail application.
6. Having heard the submissions of learned counsel for the partiesand also considering the nature of accusations, withoutcommenting anything on the merits of the case, I am inclined torelease the applicant on regular bail.and also considering the nature of accusations, withoutcommenting anything on the merits of the case, I am inclined torelease the applicant on regular bail.
7. Accordingly, the bail application is allowed and the applicant isare directed to be released on bail on his furnishing a personalbond for a sum of Rs.25,000/- with one surety in the likeamount to the satisfaction of the trial Court. He is directed toappear before the trial Court on each and every date given bythe said Court. are directed to be released on bail on his furnishing a personalbond for a sum of Rs.25,000/- with one surety in the likeamount to the satisfaction of the trial Court. He is directed toappear before the trial Court on each and every date given bythe said Court.
8. In view of the above, IA No.1/2022, an application for grant ofad-interim bail, IA No.2/2022, an application for urgent hearingand IA No.3/2022, an application for hearing the case duringwinter vacation stand disposed.ad-interim bail, IA No.2/2022, an application for urgent hearingand IA No.3/2022, an application for hearing the case duringwinter vacation stand disposed.
9. Certified copy today itself. Sd/-
( Deepak Kumar Tiwari)
Vacation Judge