1. As all these bail applications arise out of same crime number, they are being heard and decided together by this common order.

2. Applicants have preferred these first bail applications under Section 439 of Cr.P.C for grant of regular bail as they have been arrested in connection with Crime No.271 of 2023, registered at Police Station Surajpur, District Surajpur (C.G.), for the offence punishable under Section 306 read with Section 34 of the Indian Penal Code, 1860.

3. Case of the prosecution is that, applicants were abetted the deceased to commit suicide by abusing the him and threatening to bury him alive in the ground for demanding his money back by deceased Hansraj alias Hansu Agarwal and a suicide note was written by deceased, which was seized from the spot. In the said suicide note, he has named the accused Dilip Andani, Naveen Batra, through whom Rs. 70 Lacs were deposited in different installments for getting the work of Mahadev Book. He has also named the accused Arun Singh, Pooja Pandey, Ravi Agarwal, through whom Rs. 25 lakhs were deposited to cover the loss as well as name of Lille (former director of Pooja Garment, who is uncle of Sunne), who was taken Rs.20-25 Lacs and abetted him to commit suicide by threatening to kill, if he (deceased) demanded the money back from them. Frustrated with the above actions of accused persons, deceased committed suicide by hanging himself in room No.205 of Aditya Hotel, Surajpur. During investigation, an offence was regisgered against accused persons.

4. Mr. Manoj Paranjpe & Mr. K. Rohan, learned counsel for the applicant in MCRC No.5113 of 2023 would submit that applicant is innocent and has been falsely implicated in crime in question. They would further submit that prosecution story is wholly concocted false and far from reality and the allegations are baseless. It is contended that the suicide note left behind by the deceased has not mentioned any act of instigation by the applicant, which led to his step of suicide and hence, in absence of any act of instigation by the applicant, offence under Section 306 of the IPC is not made out against the applicant. It is further contended that FIR lacks any of the ingredients required to constitute an offence under Section 306 of the IPC and there is no allegation of any active act or direct act which led the deceased to commit suicide. It is argued that applicant was granted ad-interim bail on medical ground till disposal of instant bail application and trial may likely to take some time. It is lastly contended that there is no likelihood of their case being decided in near future, therefore, present applicant may be enlarged on bail. Reliance has been on the judgment of Hon’ble Supreme Court in case of M. Arjunan v. The State represented by Its Inspector of Police reported in (2019) 3 SCC 315 [LQ/SC/2018/1543] .

5. Mr. Rahil Arun Kochar, learned counsel for the applicant in MCRC No.5345 of 2023 would submit that applicant is innocent and has been falsely implicated in the crime in question. He would further submit that here is no allegation that present applicant committed any act intended to push the deceased into such a position that he committed suicide and he has been arrested merely because his name is mentioned in the suicide note. It is contended that there is no statement regarding money transaction between the applicant and deceased and he has no past criminal antecedents and has been framed under false charges. It is further contended that no date has been mentioned in the said suicide note, which looses its credibility. He argued that charge-sheet has been filed and applicant is in jail since 02.07.2023. It is further argued that trial may likely to take some time, therefore, present applicant may be enlarged on bail. In support his arguments, he places reliance on the judgments of Hon’ble Supreme Court in cases of Sohan Raj Sharma v. State of Haryana reported in 2008 AIR SCW 3202, Henani Malhotra v. High Court of Delhi reported in 2008 AIR SCW 3205 Sanju @ Sanjay Singh Sengar v. State of M.P. reported in 2002 SCC (Cri) 1141, [LQ/SC/2002/589] Jagdish Jugtawat v. Manju Lata and Others reported in 2002 SCC (Cri) 1147, M. Arjunan v. The State represented by Its Inspector of Police reported in (2019) 3 SCC 315 [LQ/SC/2018/1543] and Gangula Mohan Reddy v. State of Andhra Pradesh reported in (2010) 1 SCC 750 [LQ/SC/2010/5] and K.M. Ibrahim v. K.P. Mohammed and Another reported in (2010) 1 SCC 798 [LQ/SC/2009/2083] .

6. Mr. Amritansh Shukla, learned counsel for the applicant in MCRC No.5374 of 2023 would submit that applicant (Bank Manager) is innocent and has been falsely implicated in crime in question. He would further submit that role of present applicant is only to the effect that she introduced the deceased to some accused persons. It is contended that there is no allegation against her in the suicide note. It is further contended that there is no whisper of evidence available against the applicant with regard to alleged crime, no previous criminal antecedent of applicant and she was not received a single penny. It is argued that applicant is lady and she is ready to furnish adequate surety and shall abide by all the directions and conditions, which may be imposed upon her by this Court. It is lastly submitted that trial may likely to take some time, charge-sheet has been filed and applicant is in jail since 01.07.2023, therefore, present applicant may be enlarged on bail.

7. On the other hand, Mr. Adil Minhaj, learned Govt. Advocate for the State opposing the submissions made by learned counsel for the applicants and would submit that there were total 6 accused persons, out of which, 3 were arrested and 3 were absconded. He would further submits that applicants have abetted the deceased to commit suicide and there were specific allegations against the appellants as their names are mentioned in the suicide note written by deceased, as such, they are not entitled for grant of bail.

8. I have heard learned counsel for the parties.

9. On 20.07.2023, applicant Ravi Agrawal has been granted ad- interim bail by co-ordinate Bench of this Court on the ground that lungs of the applicant got damaged, copies of medical documents have also been annexed and immediately after arrest, he had been sent to District Hospital for treatment.

10. Taking into consideration entire facts and circumstances of the case, nature of allegations levelled against applicants Ravi Agrawal and Dilip Andani, particularly, applicant Ravi Agrawal has narrated that his lungs are 80% damaged, but no report in this regard has been annexed in the bail application; applicant Ravi Agrawal further narrated that he had admitted in SRS Hospital Ambikapur in last week of July and in the reports, there was mention of disease ‘Asthama’; name of applicants Ravi Agrawal and Dilip Andani have come prominently and they are committed fraud of huge amount, I do not find it be a fit case to enlarge the applicants Ravi Agrawal and Dilip Andani on regular bail at this stage. Accordingly, the applications (MCRC No.5113 of 2023 and 5345 of 2023) insofar as it relates to applicants Ravi Agrawal and Dilip Andani are dismissed.

11. It is evident that applicant Ravi Agrawal has been granted ad- interim bail, he is directed to surrender before the concerned trial Court immediately.

12. Insofar as the applicant Pooja Pandey is concerned, as per learned counsel for the State her role is only to the effect that she introduced the deceased to some accused persons; there is no other allegation against her in the suicide note, no previous criminal antecedent of applicant, trial may likely to take some time, charge-sheet has been filed and applicant is in jail since 01.07.2023, without commenting anything on the merits of the case, I am inclined to release the applicant Pooja Pandey on regular bail.

13. Accordingly, the application (MCRC No.5374 of 2023) insofar as it relates to applicant Pooja Pandey is allowed and it is directed that applicant Pooja Pandey shall be released on bail on her furnishing a personal bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with one surety in the like sum to the satisfaction of the trial Court. Applicant Pooja Pandey is directed to appear before the trial Court on each and every date to be given to her by the said Court till disposal of the trial.