Extracted from the PDF above. The PDF is authoritative.
1
2025:CGHC:28290
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 891 of 2025 Prakash Gwalre S/o Shri M. J. Gwalre Aged About 50 Years R/o Sector 51, Geetanjali Nagar, Khamardih, Raipur, District- Raipur, Chhattisgarh
... Applicant versus State Of Chhattisgarh Through The Sho Police Station- Kurud, District- Dhamtari, (C.G.) ... Non-applicant
For Applicants : Mr. Amiya Bhushan Advocate. For Non-applicant/State : Mr. Malay Jain, Panel Lawyer. Hon'ble
Mr. Ramesh Sinha, Chief Justice
Order on Board 26.06.2025
1. This first anticipatory bail application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicants, who are apprehending their arrest in connection with Crime No. 37/2025 registered at Police Station –Thana Kurud District – Dhamtari (C.G.) for the offences punishable under Sections 306, 34 of the Indian Penal Code (for short IPC). VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.06.27 20:12:10 +0530
2
2. According to the prosecution, on 01.08.2022 at around 5:30 PM, deceased Kaushal Sahu committed suicide by hanging himself with a plastic rope around his neck at his house, in Byara Bari, Village Charra, Bhatapara. During the investigation of the dead body, a suicide note was seized from the underwear worn by the deceased accusing certain individuals including the present applicant, of harassment. Based on this note a case was registered under section 306 and 34 of IPC against 4 accused persons including the applicant in the year 2025 after lapse of two and half years.
3.
Learned counsel for the applicant submits that the present applicant is innocent person and has been falsely implicated in the present case. He further submits that applicant is a government servant currently posted as Branch manager in Khorpa Branch of District Cooperative Central Bank Limited Raipur. He further submits that the entire case of prosecution is taken as it is no offence is made out against the applicant under Section 306 and 34 of IPC as the present applicant has not abetted the deceased to committed suicide, therefore, he prays for grant of anticipatory bail to the present applicant.
4. On the other hand, learned State counsel appearing for the non - applicant/State opposes the bail application.
5. I have heard learned counsel for the parties and perused the case diary.
6. Considering the facts and circumstances of the case and submissions made by learned learned counsel for the parties, and further the fact that there is a delay of more than 2 and half years in filing the FIR, therefore, without further consideration on merits, I am inclined to grant anticipatory bail to the applicant.
3
7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant - Prakash Gwalre, on executing a personal bond and one surety in the like sum to the satisfaction of the arresting Officer, he shall be released on bail on the following conditions:- (a) he 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 fact to the Court. (b) he shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) he shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial. (d) the applicant and the surety shall submit a copy of his adhaar card along with a coloured postcard full size photo having printed the adhaar number on it, which shall be verified by the trial Court. (e) he shall not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) Chief Justice vaibhav