1 2025:CGHC:34257 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1052 of 2025 Abhay Jain S/o Late Shri Gyanchand Jain Aged About 75 Years R/o House No. S.N. 02 Sadar Road Ward No. 11, Gobra Navapara G.E. Road District - Raipur (C.G.) ... Applicant versus State Of Chhattisgarh Through Police Station Gobra Navapara, District - Raipur (C.G.) ... Respondent For Applicant : Shri Pragalbha Sharma, Advocate. For Respondent/State : Shri Hariom Rai, PL. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 18/07/2025 1. This first anticipatory bail application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No.245/2025 registered at Police Station – Gobra GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.07.21 17:20:31 +0530 2 Navapara, District Raipur (C.G.) for the offences punishable under Sections 108 & 3(5) of BNS, 2023. 2. Case of the prosecution, in brief, is that on 04.07.2025 a F.I.R was lodged against 5 persons namely Mayank Chalani, Jitendra Bangani, Vikas Bangani, Surit Jain & applicant (Abhay Kumar Jain), for committing an offence of abetment to suicide on the basis of the suicide note where it was alleged by the deceased that, the above-named accused persons have purchased his property on an undervalue of Rs.7,55,000/-, due to which he was not able to repay the credit of amounting to Rs. 9,80,000/-, Hence he committed suicide by hanging himself on 30.07.2024. Consequently, an FIR was lodged against them. 3. It has been argued by learned counsel for the applicant that the applicant with four other co-accused persons are named in the FIR and as per the suicide note, it goes to show that a property which was sold under value, the deceased was distressed and from the bottom of the contents of the FIR goes to show that the deceased himself was involved in gambling etc. and who was having some outstanding loan and on account of which he committed suicide. Therefore, he submits that the present applicant is entitled to be released on anticipatory bail. 4. On the other hand, learned State counsel, appearing for the non - applicant/State, opposes the prayer for grant of anticipatory bail. 3 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts & circumstances of the case, submissions of learned counsel for the parties, considering the fact that as per the suicide note, it goes to show that a property which was sold under value, the deceased was distressed and from the bottom of the contents of the FIR goes to show that the deceased himself was involved in gambling etc. and was having some outstanding loan, on account of which he committed suicide and also considering the fact that the applicant is aged about 75 years therefore, I am inclined to grant anticipatory bail to the present applicant. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Abhay Jain, 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) 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 from disclosing such fact to the Court. (b) The applicant shall not act in any manner which will be prejudicial to fair and expeditious trial. 4 (c) 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. (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) The applicant shall not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) Chief Justice gouri