1 2025:CGHC:17890 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 545 of 2025 Sandeep Rathor @ Bhai S/o Radheshyam Rathor Aged About 29 Years R/o Ward No.-12, Chitarpara, Janjgir, Police Station And Tahsil - Janjgir, District Janjgir-Champa (C.G.) ... Applicant versus State Of Chhattisgarh Through - The Station House Officer, Police Station - Janjgir, District Janjgir-Champa (C.G.) ... Respondent For applicant : Shri Paras Mani Shriwas, Advocate. For Respondent/State : Ms. Monika Thakur, PL. Hon'ble Shri Ramesh Sinha, Chief Justice Order On Board 21/04/2025 1. Proceedings of this matter have been taken through video conferencing. 2. The applicant has preferred this application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), for grant of anticipatory bail, apprehending his arrest in connection with Crime No.228/2025, registered at Police Chauki Naila Police Station Janjgir District Janjgir-Champa (C.G.) for alleged commission of offence punishable under Sections 108, 3 (5) of Bhartiya Nyaya Sanhita 2023. 3. Case of the prosecution, in brief, is that on dated 16.03.2025, Station Master (Manager) of Railway Station Naila has made written GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.04.24 19:26:21 +0530 2 information at Police Chauki Naila about dead body of unknown person was laying at middle of K.M. 675/12-10 down line of railway track, during the course of investigation a suicidal note was found in the pocket of deceased Shubham Rathor then F.I.R. has been lodged against the applicant and two other persons under section 108, 3 (5) of Bhartiya Nyaya Sanhita 2023. 4. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the present case. He would submit that actual fact of the case is that the deceased had taken loan from several persons including the applicant also and prior to some days applicant gone to Naila along with his friends meanwhile he met the deceased whereas reminded him to return the borrowed/loan amount but he committed suicide after spending more days, therefore prima facie no case is made out against the applicant. He would submit that the applicant has never assaulted or looted any ornament from deceased but only reminded to return the borrowed amount. Therefore no any ingredients of section 108, 3 (5) of Bhartiya Nagrik Suraksha Sanhita 2023 is attracted against the applicant, therefore he prays to enlarge the applicant on anticipatory bail. 5. On the other hand, learned State counsel, opposes the bail application and submits that suicidal note was found from the pocket of deceased namely Shubham Rathore, in which the name of the present applicant was mentioned. Thus, the bail application deserves to be rejected. 6. I have heard learned counsel for the parties and perused the case diary. 3 7. Taking into consideration the facts and circumstances of the case and also considering the fact that suicidal note was found from the pocket of deceased namely Shubham Rathore, in which the name of the present applicant was mentioned, therefore, I am not inclined to grant anticipatory bail to the applicant. 8. Accordingly, the anticipatory bail application of the applicant - Sandeep Rathor @ Bhai, involved in Crime No.228/2025, registered at Police Chauki Naila Police Station Janjgir District Janjgir-Champa (C.G.) for alleged commission of offence punishable under Sections 108, 3 (5) of Bhartiya Nyaya Sanhita 2023 is rejected. Sd/-Sd S SDSDSd/- (Ramesh Sinha) Chief Justice gouri