ANKIT PATEL Vs. THE STATE OF CHHATTISGARH

JUDGEMENT

(1.) INVOKING jurisdiction of this court under Section 439 of Cr.P.C., the applicant herein has filed this application for grant of regular bail to him who has been arrested in connection with Crime No. 317/2014 registered at Police Station, Chakradhar Nagar, District Raigarh, for the offence punishable under Section 306/34 of IPC and Section 4 of CG Shaikshanik Sansthaon Me Pratara (Ragging) Ka Pratishedh Adhiniyam, 2001 (for short, Adhiniyam, 2001).

(2.) CASE of prosecution, in brief, is that, Nishant Upadhyay a student of MBBS first year studying in Late Lakhiram Agrawal Memorial Medical College, Raigarh, on 08.11.2014 at 4:30 PM in the hostel (Room No. 208 IInd Floor) being run by said college bolted the room and committed suicide by hanging himself out of humiliation and insult on account of ragging done by the present applicant and one co -accused Hiramani Patel within the meaning of Section 2(a) of the Adhiniyam, 2001, and thereby committed the aforesaid offences.

(3.) ON the other hand, Shri Chitranjay Patel, public prosecutor appearing for the State vehemently opposed the bail application stating inter alia that deceased was admitted in MBBS course to the said Medical College on 15.09.2014 and immediately thereafter he was subjected to ragging by the present applicant and co -accused Hiramani Patel being the seniors which is apparent from the face book messages sent by the deceased to his mother Priti Upadhyay as well as co -students Ms. Swati Mishra and Ms. Aisha Singh. He would further submit that in Section 164 Cr.P.C. statement of his father Anup Upadhyay recorded by the Judicial Magistrate First Class, Kharsia, it would appear that on 07.10.2014 deceased Nishant sent face book message to his mother informing that his seniors including present applicant and Hiramani not only assaulted him, but also commanding him to dance at their tune and harassed him and the SMS message was repeated by the deceased to his mother which has been affirmed by Smt. Priti Upadhyay statement under Section 164 of Cr.P.C. and also stated regarding harassment made by the seniors about the incident occurred on 07.10.2014. By referring report dated 11.11.2014 submitted by four members committee as constituted by the Dean of said college, he would further submit that act of ragging in the intervening night of 7 & 8 October, 2014 and thereafter by the applicant and other co -accused, the deceased felt insulted and humiliated, he would also submit that presently investigation is on initial stage and further custodial interrogation of applicant is necessary and by referring face book and cell phone records of deceased and other students also submits that there is sufficient incriminating materials against the applicant and there is ground for believing that if the applicant is released on bail, he will tamper the prosecution witness, and therefore, the application for grant of regular bail to the applicant be rejected.