RAVI @ RAVISHANKER vs STATE OF CHHATTISGARH

The applicant has preferred this bail application under Section 439 of Cr.P.C. in connection with Crime No.416/2017 registered at Police Station

Mungeli (C.G.) for the offence punishable under Section 306, 34 of IPC.

Present applicant is in jail since 29/10/2017.

The allegation against the present applicant as per the prosecution case is that, the present applicant is said to have along with the co-accused

person continuously threatened and harassed the deceased of physical assault and also killing the son of the deceased in pursuant to a land dispute

within the family members and ultimately the deceased because of the continuous threat and pressure put by the accused persons committed suicide

on 28/07/2017 by hanging himself in his house.

The counsel for the applicant submits that, the ingredients required to make out an offence under Section 306 is totally missing in the prosecution

case in as much as there is no instigation or abatement on part of the present applicant which lead to the deceased committing suicide and therefore

prayed for releasing the applicant on bail.

The State counsel on contrary opposing the bail application referred to the statement of the witness examined which indicated that the present

applicant and the co-accused person used to harass, torture and threaten the deceased which lead him to commit suicide. The counsel for the State

also made his submission on the basis of the suicidal note found at the place of incident and prayed for rejecting the bail application.

Given the facts and circumstances of the case particularly the fact that, there does not appear to be any material showing abatement on part of the

present applicant or there being any instigation or assault made by the present applicant which compelled the deceased to commit suicide. In addition,

the co-accused-Shiv Kumari-the mother of the applicant has already been granted bail in MCRC No.7456/2017 against whom also similar charges

were levelled.

Accordingly this Court is of the opinion that, prima-facie, a strong case has been made out for grant of bail to the present applicant.

Accordingly, the application for grant of bail is allowed. It is ordered that the applicant shall be released on bail on her executing a personal bond for

a sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned Trial Court. The applicant shall thereafter appear before the

Trial Court on each and every date given by the said court.