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2025 DAILYLAW 29948 (CHH)

ASHEESH KADAM v. STATE OF CHHATTISGARH

MCRCA/910/2025 · 2025-06-24

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Judgment text

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1 / 3 2025:CGHC:27785 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 910 of 2025 Asheesh Kadam S/o Shri A.K. Kadam Aged About 37 Years R/o House No. 63, T.P. Nagar, Korba Tehsil And District Korba Chhattisgarh ... Applicant versus State Of Chhattisgarh Through Police Station Civil Line Rampur, District Korba,Chhattisgarh ...Non-applicant For Applicant : Mr. Pragalbha Sharma, Advocate. For Non-Applicant/State : Ms. Smriti Shrivastava, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 25.06.2025 1. This first anticipatory bail application under Section 482 of the Bhartiya Nagarik Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No. 292/2025 registered at Police Station –Civil Line Rampur, District – Korba (C.G.) for the offence punishable under Section 108 & 3(5) of BNSS 2023. 2. As per prosecution, on 24.04.2025 a complaint was lodged by one Mukesh Sahu, that “Shubham Sahu” has hanged himself in his residence and died. On the said information a merg-intimation was recorded and Panchnama was made, and during investigation, one VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.06.26 17:22:36 +0530 2 / 3 Mobile Phone was recovered from the deceased’s pocket in which a a suicide – note was found, wherein it was stated that the applicant along with other two co-accused’s were harassing him, and he had no option but to commit suicide. The investigating authority took screenshot of the mobile phone, and on basis of same, FIR under Section 108 & 3(5) of BNSS has been registered. 3. Learned counsel for the applicant submits that the present applicant is innocent and has been falsely implicated in this case. He submits that the deceased use to work in the “pet-shop” of the applicant, and in a short span of time deceased had gain trust of the applicant, due to which he used to leave shop in trust of deceased and later in CCTV footage he found that deceased was stealing things from the shop and he further submits that the deceased came back to work the daughter of the applicant asked him whether he was stealing from shop as he has seen in CCTV footage, to which the deceased was embarrassed and went back home and he further submits that there being no cogent reason and on basis of a suicide note which was found in mobile phone of the deceased which to the information of the applicant was “ typed and deleted”, they have been made accused in the said offence. Therefore, he prays for grant of anticipatory bail to the present applicant. 4. On the other hand, the learned State counsel opposes the bail application of the applicant. 5. I have heard learned counsel for the parties and perused the case diary. 3 / 3 6. Considering the facts and circumstances of the case, gravity of offence and looking to the fact that only on the basis of a suicide note which was found in mobile phone of the deceased, investigation and trial are likely to take time, and co-accused persons have already been granted bail in this case, therefore, without further consideration on merits, I am inclined to grant anticipatory bail to the applicant. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant - Asheesh Kadam, on executing a personal bond and one surety in the like sum to the satisfaction of the arresting Officer, he shall be released on bail on the following conditions:- (a) he 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) he shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) he 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 his adhaar card along with a coloured postcard full size photo having printed the adhaar number on it, which shall be verified by the trial Court. (e) he shall not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE vaibhav