Allowed

Krishna Kant Tiwari v. State of Chhattisgarh

Chhattisgarh HC2 Jun 2024MCRC/3739/2024

Case brief

AI extract

What is this about?

This order grants bail to two applicants in a criminal case alleging the death of two employees during a gutter cleaning incident at a hotel. Despite allegations of pressuring the victims, the court allowed bail on the basis of an unfortunate accident and allowed compensation.

What did the court decide?

Applications for grant of regular bail under Section 439 Cr.P.C. allowed; applicants directed to execute personal bond.

Krishna Kant Tiwari Vs State of Chhattisgarh — Murder and Culpable Homicide | Chhattisgarh HC (2024)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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MCRC No. 3739 of 2024

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Krishna Kant Tiwari S/o Mr. Ram Avtar Tiwari, Aged About 49 Years, R/o Salasar Green, Block K.C., Plot No. 202, P.S. D.D. Nagar, Raipur, Tahsil and District Raipur (C.G.)

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---- Applicant

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Versus

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State of Chhattisgarh Through S.H.O. P.S. Telibandha, Raipur, District Raipur (C.G.)

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---- Non-applicant

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MCRC No. 3859 of 2024

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Rohitchand S/o Mr. Bhuvanchand, Aged About 40 Years, R/o Station Road, Tahsil and District Raipur (C.G.)

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---- Applicant

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Versus

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State of Chhattisgarh Through P.S. Telibandha, Raipur, District Raipur (C.G.)

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---- Non-applicant

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(Cause-title taken from Case Information System)

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For Applicants : Mr. Kishore Bhaduri, Senior Advocate with Mr. Sabyasachi Bhaduri, Advocate.

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For the Non-applicant/State : Ms. Supriya Upasane, Govt. Advocate.

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Hon'ble Shri Justice Ravindra Kumar Agrawal Order on Board

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03-06-2024

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1 . These two bail applications arise out of the same crime number, therefore,

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they are being decided by this common order.

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2 . These first bail applications have been filed under Section 439 of the Cr.P.C. for grant of regular bail. The applicants have been arrested in connection with Crime No.291/2024 registered at Police Station- Telibandha, District Raipur (C.G.) for commission of offence punishable under Section 304 and 34 of the IPC.

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3 . The prosecution case is that on 18-04-2024 at about 10:00 a.m. two deceased persons, namely, David Sahu and Neelkamal Patel who were working at

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Ashoka Biryani Center, Telibandha, Raipur as house keeping employee and

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electrician respectively have lost their lives while cleaning the gutter tank of the said hotel. It is alleged that under compulsion of persons of the hotel management the deceased persons stepped into the gutter tank of Ashoka Biryani hotel one after another without there being any safety measures, but they could not come out from the said gutter tank and when with the help of other persons they took out from the gutter tank they were unconscious. Both of them were immediately taken to We Care Superspeciality Hospital, Ring Road No.1, Telibandha, Raipur where they were declared brought dead. The dead bodies of the deceased persons were sent for postmortem. The doctor has opined that cause of death is drowning, findings are consistent with the history, however sternum is preserved for diatom test. The FIR has been registered on 19-04-2024 for the offence under Section 304, 34 of the IPC in which the applicants have been arrested on 21-04-2024 and 22-04-2024 respectively.

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4 . Learned Senior Counsel for the applicants would submit that applicant Krishna Kant Tiwari is Managing Director of firm Ashoka Biryani and applicant Rohitchand is Branch Manager of Raipura Branch of Ashoka Biryani. He would further submit that they were not present on the spot at the time of incident and neither pressurized nor instructed the deceased persons to step into the gutter tank for its cleaning. He would submit that the present is a case of unfortunate accident in which two persons lost their lives and it was just an accident, but due to pressure of media and political people it has been given shape of offence under Section 304 of the IPC. He would further submit that the time of incident is about 09:30 to 10:00 a.m. in the morning when the hotel was not open and the most of the hotel staff were busy in opening process of the hotel and in that process the house keeping staff opened the lid of the gutter and went down to clean the sewerage. Since he did not respond after a considerable time another person went into to the gutter to get him out from

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the gutter, but unfortunately both of them have lost their lives. It has also been submitted by the learned Senior Counsel for the applicants that the hotel staff has provided compensation of Rs.15,00,000/- to sister of deceased David Sahu, namely, Khomeshwari Sahu and Rs.15,00,000/- to father of deceased Neelkamal Patel, namely, Jagdish Kumar Patel through bank transactions and in support of its proof the documents relating to bank transactions have been filed by them. It has been further submitted that firm Ashoka Birayani is having five branches in Raipur city and all the branches of the hotel have been closed which affects the livelihood of its employees which are about 150 in numbers. Applicant Krishna Kant Tiwari is in jail since 21-04-2024 and applicant Rohitchand is in jail since 22-04-2024. Therefore, they may be enlarged on bail.

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5 . On the other hand, learned counsel for the State opposes the applications and submits that there are evidence against the present applicants that they have pressurized the unfortunate deceased persons to step into the gutter tank for its cleaning without providing safety measures which resulted into their death. The investigation is under process and therefore, they are not entitled for release on bail.

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

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Considering the submissions made by learned counsel for the parties, considering the nature of allegations, evidence available in the case diary and also cause of death opined by the doctor and considering the overall facts and circumstances of the case as also the allegation against the present applicants, without commenting anything on merits of the case, I am inclined to allow these bail applications.

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Accordingly, both these applications filed under Section 439 of the Cr.P.C. by the applicants for grant of regular bail are allowed.

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9 . It is directed that the applicants Krishna Kant Tiwari (in MCRC No.3739 of 2024) and Rohitchand (in MCRC No.3859 of 2024) shall be released on bail on each of them executing a personal bond for a sum of Rs.1,00,000/- with one surety each in the like sum to the satisfaction of the Chief Judicial Magistrate, Raipur, on following conditions :-

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(i) they shall cooperate with the investigation and shall make themselves available for interrogation before the investigating officer as and when required,

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(ii) they 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,

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(iii) they shall not act in any manner which will be prejudicial to fair and expeditious trial, and

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(iv) they shall appear before the trial Court on each and every date given to them by the said Court till disposal of the trial.

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Sd/- (Ravindra Kumar Agrawal) Judge

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Aadil

Krishna Kant Tiwari v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Krishna Kant Tiwari v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

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