Nafr High Court
Case Details
1 2025:CGHC:3119 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 89 of 2025 Manoj Dholakia S/o Lt. Ramnik Lalji Dholakia Aged About 54 Years Operator Unique Traders Farishta Complex, Resident Of C - 1, Farishta Complex, G.E. Road, Raipur, District Raipur, Chhattisgarh. ... Applicant versus State of Chhattisgarh Through The Station House OfÏcer, Police Station Magarlod, District – Dhamtari Chhattisgarh. ... Non-applicant For Applicant
Legal Reasoning
: Mr. Rahul Jha, Advocate, as well as Mr. Piyush Pushkar, Advocate. For Non-applicant/State : Mr. Amit Verma, Panel Lawyer. For Objector : Mr. Raghvendra Verma, Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 17.01.2025 1. This anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No. 181/2024 registered at Police Station – Magarlod, District – Dhamtari (C.G.) for the offence punishable under Section 306 of the Indian Penal Code (IPC). 2. The prosecution story, in brief, is that IO recorded the statement of the family members of the deceased Ravikumar Nirmalkar and the witnesses has been recorded and the examination report of the suicide note of the RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 deceased was received from the State Examiner of the questioned document, Raipur. On investigation, it was found that electrical contractor Manoj Dholakia did not give basic facilities to deceased Ravi Kumar Nirmalkar like joining letter, I card, not getting signature on salary slip, not giving information about EPF amount and threatening to fire him from the job. When he went on strike for demanding basic facilities, he kept calling him repeatedly and threatening to fire him and did not take him back to the job after the strike was over. On examination of the suicide note, it was found that the handwriting was of the deceased. In this way, deceased Ravi Nirmalkar committed suicide due to repeated harassment by Manoj Dholakia who instigated him to commit suicide. Based upon these facts, the concerned Police Station has registered the offence under Section 306 of IPC against the applicant. Only on the basis of memorandum statement and suicide note of the deceased which no where indicates the culpability of the applicant, the Police has registered the aforesaid offence against the applicant. Hence, this application. 3. It has been argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. It is submitted that the applicant is the registered contractor, and he used to supply power of CSPDCI and the deceased was working on the sub station in 2022, and he was also given the joining letter and as per the suicide note which is on page No. 146 of the bail application, in which he has admitted the fact that he was working under the applicant and he was exploited by various persons including the ofÏcials of the Electricity Department, and only a bald statement has been made against the applicant and other persons, and moreover, on the basis of the said suicide note the applicant has been made an accused in the present case. Therefore, he prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel as well as Learned counsel for 3 5. 6. the objector opposed the bail application and submits that as per the covering memo there are certain letters by which he has tried to point out the allegations levelled against the applicant including the afÏdavit which is alleged to have been given by the deceased on 19.04.2021. Hence, the applicant is not entitled for grant of anticipatory bail in this case. I have heard learned counsel for the parties and perused the materials available on record. Considering the facts and circumstances of the case, nature and gravity of allegation leveled against the applicant, and from the perusal of the case diary as well as the suicide note, it transpires that the applicant is the registered contractor, and he used to supply power of CSPDCI and the deceased was working on the sub station in 2022, and he was also given the joining letter and as per the suicide note which is on page No. 146 of the bail application, in which he has admitted the fact that he was working under the applicant and he was exploited by various persons including the ofÏcials of the Electricity Department, and only a bald statement has been made against the applicant and other persons, and moreover, on the basis of the said suicide note the applicant has been made an accused in the present case, further the said documents annexed by the counsel for the objector goes to show that the afÏdavit given by the deceased on 19.04.2021 cannot be said as an afÏdavit as it is only a piece of paper which he has written, at this stage without expressing any opinion on merits, this Court is of the view that the applicant is entitled to be granted anticipatory bail in this case. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Manoj Dholakia on executing a 4 personal bond with one surety in the like sum to the satisfaction of the arresting OfÏcer, he shall be released on bail on the following conditions:- (a) The Applicant 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) The Applicant shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) The Applicant 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)The Applicant shall not involve themself in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE Rajshekhar