Allowed

Ajmed Beck v. State of Chhattisgarh

Chhattisgarh HC1 May 2023MCRC/400/2023

Case brief

AI extract

What is this about?

The High Court of Chhattisgarh allowed an MCC application for bail under Section 439 CrPC challenging conviction under Section 306 IPC. The court found no material in the prosecution case to indicate abetment or instigation by the applicant regarding the deceased's suicide and granted bail.

What did the court decide?

The application for grant of bail is allowed. The applicant shall be released on bail on executing a personal bond for Rs. 25,000 with two local sureties.

Ajmed Beck Vs State of Chhattisgarh — Murder and Culpable Homicide | Chhattisgarh HC (2023)

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NAFR

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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MCRC No. 400 of 2023

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Ajmed Beck S/o Shri Rimjiyus Beck Aged About 25 Years Caste - Oraon, R/o Vill - Basen, P.S. - Bagicha, Dist. - Jashpur (C.G.)

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---- Petitioner

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Versus

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State Of Chhattisgarh Through P.S. - Bagicha, Dist. - Jashpur (C.G.)

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----Respondent

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For Applicant : Mr. Jai Prakash Shukla, Advocate. For resp./State : Mr. Pawan Kesharwani, P.L.

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Hon'ble Shri Justice P. Sam Koshy Order on Board

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01/05/2023

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The applicant has preferred this bail application under Section 439 of Cr.P.C. in connection with Crime No. 137/2022 registered at Police Station, Bagicha for the offence punishable under Section 306, 34 of IPC 1860.

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The present applicant is in jail since 18.08.2022 in connection with the aforesaid Crime Number.

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The case of the prosecution is that the present applicant and the other accused persons is said to have created an atmosphere and situation in the house which compelled the deceased Manisha Beck to take extreme step of committing suicide on 14.06.2022.

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Counsel for the Applicant submits that a plain perusal of the case diary would reveal that there is no element available in the case diary by which it could establish that the necessary ingredients for making out an offence under Section 306 as also the ingredients required for making out an offence of abetment under Section 107 are not available. In the absence of which, the present applicant deserve to be released on bail.

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The State Counsel on the other hand opposes the bail application and submits that there are statements of witnesses examined during the course of investigation and where it has been revealed

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that the applicant and the other accused persons used to constantly torture the deceased. On the date of incident, in the morning the present applicant is said to have slapped the deceased three or four times when he found a hair in the food that was served during breakfast, this has led to the deceased committing suicide.

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Having heard the contention put forth on either side and on perusal of records, particularly the case of prosecution wherein it says that on the date of incident except for the present applicant slapping the deceased a couple of times in-respect-of the quality of food, there is no material available to show that there was any sort of an instigation and incitement created by the present applicant or any of the family members, nor is there any material to show any abetment for the deceased to commit suicide available. In the absence of which, this Court is of the opinion that a strong case for grant of bail is made out.

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Accordingly, the application for grant of bail is allowed. It is ordered that the applicant shall be released on bail on executing a personal bond for a sum of Rs.25,000/- with two local sureties of the like sum to the satisfaction of the concerned Trial Court for his appearance as and when directed

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Accordingly, the present MCRC stands allowed.

Sd/-

(P. Sam Koshy)

JUDGE

Jyoti

Ajmed Beck v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Ajmed Beck v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

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