NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRCA No. 1408 of 2023  Sachin Kumar Jain S/o Ugam Chand Jain Aged About 38 Years Proprietor Khushi Jewlers, R/o 12/6, Rishabh Nagar, Durg, PS- City Kotwali, Durg, Cg, District : Durg, Chhattisgarh ---- Applicant Versus  State of Chhattisgarh through the Station House Officer, PS-

Bhakhara, Dhamtari, Cg, District : Dhamtari, Chhattisgarh ---- Respondent MCRCA No. 1471 of 2023  Pravin Chand Soni S/o Sampat Lal Soni Aged About 41 Years R/o Budhapara, Raipur, District : Raipur, Chhattisgarh ---- Applicant.

Versus  State of Chhattisgarh Through Police Thana- Bhakhara, District :

Dhamtari, Chhattisgarh ---- Respondent ________________________________________________________

For Applicant in : Mr. Pawan Kesharwani Advocate MCRCA No.1408 of 2023 For Applicant in : Mr. Akhand Pratap, Advocate MCRCA No.1471 of 2023 For State/ Respondent : Mr. Md. Ruhul Ameen Memon, PL.

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Hon'ble Shri Justice Narendra Kumar Vyas

Order on Board

8-2-2024

1. Since an identical issue and common facts are involved in both the bail applications, they are heard analogously and are being disposed of by this common order.

2. In pursuance of the earlier direction given by this court, Mr. Lekh Ram Thakur, Inspector, Police Station Bhakhara, District Dhamtari is present before this court.

3. These are first bail applications filed by the applicants under Section 438 of the Code of Criminal Procedure, 1973, for grant of anticipatory bail, who have apprehension of being arrested in connection with Crime No. 157/2022, registered at Police Station– Bhakhara, Dhamtari (CG) for the offence punishable under Sections 306, 34 IPC.

4. Case of the prosecution, in brief, is that merg No. 24/2022 was registered on account of death of victim Rawalmal Soni. Further case of the prosecution is that during investigation statements of the wife of the deceased, son, and brother of the deceased and statement of Ishwarmal Soni were also recorded. It is also the case of the prosecution that from the dying declaration of deceased Rawalmal Soni, it is found that Naveen Chopda was harassing the deceased for transaction and 5-7 persons come to his house, took the ornaments of his wife which were around 1100gms and forcefully executed an agreement of his house. It is also the case of the prosecution that the applicants threatened him as well as his family members to kill. The applicants had executed agreement for consideration of Rs. 97,00,000/- lakhs out of which 70,00,000/- lakhs was given in cash due to forcefully executed an agreement and on instigation of the applicants and other co-accused the victim has committed suicide by consuming acid Tejab and during treatment the victim died on 11.05.2022. On the basis of dying declaration/suicidal note, FIR was registered against the applicants under Section 306, 34 IPC.

5. Learned counsels for the applicants would submit that the applicants are innocent and they have been falsely implicated in the case. They would further submit that the deceased has taken jewelries and loan from the others and other businessmen and has invested the same in his business but due to Covid Pandemic the deceased had suffered loss in the business and the amount of loan taken by him could not be repaid which has caused worried to him and out of this he has committed suicide. The applicants have not done any act with the deceased which could lad to abetment of the deceased to commit suicide. They would submit that the deceased had taken gold and silver ornaments on loan from the applicants and the deceased sold them to his customers, some customers gave him cash, but most of the customers have purchased the ornaments on credit. Due to Covid those customers who have purchased the ornaments on credit have not given the amount to the deceased, due to which the deceased used to be upset and the deceased had suffered a huge loss in his business and part from the applicants and other pe