1. Invoking jurisdiction of this court under Section 439 of Cr.P.C., the applicant herein has filed this application for grant of regular bail to him who has been arrested in connection with Crime No.317/2014 registered at Police Station, Chakradhar Nagar, District Raigarh, for the offence punishable under Section 306/34 of IPC and Section 4 of CG Shaikshanik Sansthaon Me Pratara (Ragging) Ka Pratishedh Adhiniyam, 2001 (for short, Adhiniyam, 2001).

2. Case of prosecution, in brief, is that, Nishant Upadhyay a student of MBBS first year studying in Late Lakhiram Agrawal Memorial Medical College, Raigarh, on 08.11.2014 at 4:30 PM in the hostel (Room No. 208 IInd Floor) being run by said college bolted the room and committed suicide by hanging himself out of humiliation and insult on account of ragging done by the present applicant and one co-accused Hiramani Patel within the meaning of Section 2(a) of the Adhiniyam, 2001, and thereby committed the aforesaid offences.

3. Shri Upendra Nath Awasthy, learned counsel appearing for the applicant would submit that present applicant is innocent and he has falsely been implicated in the case as such there is no material collected by the prosecution to connect the present applicant in crime in question. He would further submit that Nishant Upadhya had reached to the said hostel only in the late night on 7.11.2014 at 11 PM and committed suicide on 08.11.2014 at 4:30 PM and the alleged message sent through face book by the deceased to his colleague students namely; Ms. Swati Mishra, Ms. Aisha Singh and others, filed along with objection would clearly show that the said messages were sent allegedly in the month of October, whereas, he committed suicide on 8.11.2014 as in between there was sufficient time to settle and report to College/police authorities about the incident. He would further submit that in the inquiry conducted by order of Dean of said college, nothing has been found against the present applicant, he would further submit that applicant himself is a member

of anti ragging committee and there is no reasonable nexus and proximity with the conduct and behaviour of the present applicant with the suicide committed by deceased Nishant Upadhyay, and no offence under Section 306 of IPC and Section 4 of the Adhiniyam, 2001 is made out, and he is in jail custody from 11.11.2014 as such, he is entitled to be released on regular bail.

4. On the other hand, Shri Chitranjay Patel, public prosecutor appearing for the State vehemently opposed the bail application stating inter alia that deceased was admitted in MBBS course to the said Medical College on 15.09.2014 and immediately thereafter he was subjected to ragging by the present applicant and co-accused Hiramani Patel being the seniors which is apparent from the face book messages sent by the deceased to his mother

Priti Upadhyay as well as co-students Ms. Swati Mishra and Ms. Aisha Singh. He would further submit that in Section 164 Cr.P.C. statement of his father Anup Upadhyay recorded by the Judicial Magistrate First Class, Kharsia, it would appear that on 07.10.2014 deceased Nishant sent face book message to his mother informing that his seniors including present applicant and Hiramani not only assaulted him, but also commanding him to dance at their tune and harassed him and the SMS message was repeated by the deceased to his mother which has been affirmed by Smt. Priti Upadhyay statement under Section 164 of Cr.P.C. and also stated regarding harassment made by the seniors about the

incident occurred on 07.10.2014. By referring report dated 11.11.2014 submitted by four members committee as constituted by the Dean of said college, he would further submit that act of ragging in the intervening night of 7 & 8 October, 2014 and thereafter by the applicant and other co accused, the deceased felt insulted and humiliated, he would also submit that presently investigation is on initial stage and further custodial interrogation of applicant