Order on Board

09.05.2024

1. This first anticipatory bail application under Section 438 of the Code of Criminal Procedure has been filed by the applicant, who is apprehending his arrest in connection with Crime No.140/2024 registered at Police Station Navagarh, District – Janjgir-Champa (C.G.) for the offence punishable under Section 306 of the IPC.

2. Prosecution case in brief is that the deceased namely Sudhram Banjare committed suicide in the intervening night between 25.09.2022 to 26.09.2022 and a merg intimation was recorded in which it was stated that due to matrimonial dispute the wife of deceased left her matrimonial house and went to her parental house, therefore, the deceased committed suicide. After almost more than 1.5 years of the incident an FIR against the present applicant has been registered who is father-in-law of the deceased.

3. Learned counsel for the applicant would submit that the applicant is in a government employee and working as a post master at Sub Post office Bhaisma and livelihood of 14 peoples are dependent upon him. He further submits that the deceased was son-in-law of the applicant. The deceased used to harass and beat his wife who is the daughter of the present applicant. He also submits that despite giving undertaking the deceased continued to beat his wife, therefore the wife of the deceased called her brother and left her matrimonial house. He also submits that the allegation levelled against the present applicant is that after 1.5 years of the incident a suicide note of the deceased has been recovered in which allegation has been levelled that the present applicant used to take back his daughter from deceased’s house, therefore he committed suicide hence he prays for grant of anticipatory bail to the applicants.

4. On the other hand, learned State counsel has opposed the prayer for grant of anticipatory bail.

5. I have heard learned counsel for the parties and perused the case diary.

6. Considering the facts & circumstances of the case, submissions of learned counsel for the parties and nature of dispute and material available in case diary, without further commenting anything on merits, this Court find it appropriate to grant anticipatory bail to the applicant.

7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant - Saukhilal Ratre, on executing a personal bond with 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 their adhaar card alongwith a colored 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.