NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRCA No. 148 of 2024  Lakhpat Rajpurohit S/o Late Manohar Singh Rajpurohit, Aged about 36 years, R/o Awadhpuri, Colony Bhatagaon Tahsil and District - Raipur (C.G.)

---- Applicant Versus  State of Chhattisgarh Through Police Thana - Bhakhara District -

Dhamtari (C.G.) ---- Respondent For Applicant : Mr. Akhand Pratap Pandy, Advocate For State : Mr. R.C.S. Deo, Panel Lawyer Hon'ble Shri Justice Narendra Kumar Vyas

Order on Bo ard

20.02.2024

1. This is the first bail application filed by the applicant under Section 438 of the Code of Criminal Procedure, 1973, for grant of anticipatory bail, who apprehending his arrest in connection with Crime No. 157 of 2022, registered at Police Station - Bhakhara, District - Dhamtari (CG) for the offence punishable under Section 306/34 of IPC.

2. 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

100 gms and forcefully executed an agreement of his house. It is also the case of the prosecution that the applicant threatened him as well as his family members to kill. The applicant had executed agreement for consideration of Rs. 97,00,000/- Lakhs out of which Rs. 70,00,000/- Lakhs was given in cash due to forcefully executed an agreement and on instigation of the applicant 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 applicant under Section 306, 34 IPC.

3. Learned counsel for the applicant would submit that the applicant is 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-19 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 applicant has not done any act with the deceased which could lad to abatement of the deceased to commit suicide. They would submit that the deceased had taken gold and silver ornaments on loan from the applicant 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-19 Pandemic 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 applicant and other people from whom the deceased had borrowed money and goods also used to quarrel with the deceased to recover their money. They would further submit that there is delay of 2 months in lodging the FIR as the date of incident on 11.05.2022 and the information was received at Police Station on 19.07.2022 an the delay has not been properly explained by the complainant in lodging FIR. They would further submit at the time of treatment no suicidal note was seized from the pocket of the deceased and after two months of the incident, suicidal note was submitted by the police which creates doubt over genuineness of the suicidal note, as such the applicant is entitled to get benefit of anticipatory bail. He would further submit that the case of the present applicant is similar to the case of other co-accused who have already been granted anticipatory bail by this Co