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Judgment
Applicant has preferred this application under Section 482 of Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of anticipatory bail as he apprehends his arrest in connection with Crime No. 126/2026 registered at Police Station - G.R.P. Bilaspur, District -Bilaspur (C.G.) for the offence punishable under Section 108 of the BNS.
The prosecution case, in brief, is that on 23.09.2024, Govind Agrawal committed suicide by jumping in front of Train No. 20843 (Bhagat Ki Kothi) at Railway Yard, Bilha. After a considerable lapse of time, Ankur Agrawal handed over a suicide note, allegedly written by the deceased, to the non-applicant. In the said note, it was alleged that the applicant had demanded compensation of Rs. 2 crore and had received Rs. 25 lakh against the said demand, for which a receipt had been issued from a duplicate receipt book. It is alleged that the deceased committed suicide due to the aforesaid demand.
Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present crime. He further submits that the deceased, Govind Agrawal, had encroached upon the applicant’s land, pursuant to which the applicant submitted an application before the Tehsildar, Bodari, and revenue proceedings were initiated. He submits that the deceased committed suicide on 23.09.2024, whereas the alleged suicide note was produced by his son, Ankur Agrawal, on 10.10.2024. Except for the said suicide note, there is no other material to implicate the applicant in the present crime. He further submits that, even if the allegations made in the suicide note are accepted, the applicant demanded money as compensation for the damage allegedly caused to his land. Therefore, applicant may be granted the benefit of anticipatory bail.
Learned State Counsel opposes the submissions made by learned counsel for the applicant and submits that the suicide note contains specific allegations that the applicant was illegally claiming ownership over the land possessed by the deceased, Govind Agrawal, and had demanded Rs. 2 crore as compensation, out of which Rs. 25 lakh had allegedly been paid by the deceased, as stated in the suicide note.
I have heard learned counsel for the respective parties.
On due consideration of the facts and circumstances of the case, nature of allegation, submission of learned counsel for the parties, without commenting anything on merits, I am inclined to allow this anticipatory bail application.
Accordingly, application is allowed and it is directed that in the event of arrest of applicant in connection with the crime in question (126/2026), he shall be released on anticipatory bail by the Officer arresting him on his executing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned arresting Officer. Applicant shall also abide by the following conditions:
that the applicant shall make himself available for interrogation before the Investigation Officer as and when required;
that 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/her from disclosing such facts to the Court or to any police officer;
that the applicant shall not act, in any manner, which will be prejudicial to fair and expeditious trial;
that 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.
Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith.