1 2025:CGHC:51488 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1591 of 2025 Rajesh Banjare (Rajesh Kumar Banjare) S/o Sant Kumar Banjare Aged About 33 Years (As Per Adhar Card), R/o Khursi, Thana And Tehsil Sarangarh District Sarangarh-Bilaigarh Chhattisgarh ... Applicant versus State of Chhattisgarh Through Station House Officer, Police Station Sarangarh, District Sarangarh-Bilaigarh Chhattisgarh ... Non-applicant For Applicant : Mr. Vivek Kumar Agrawal, Advocate. For Non-applicant/State : Ms. Supriya Upasane, Govt. Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 15.10.2025 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. 467/2025 registered at Police Station – Sarangarh, District – Sarangarh-Bilaigarh (C.G.) for the offences punishable under Section 108 of the Bhartiya Nyaya Sanhita, 2023. 2. As per the prosecution case, the complainant lodged a complaint at the concerned police station alleging, inter alia, that a family dispute had arisen between the deceased and his wife due to the alleged illicit physical relationship between the applicant and the wife of the deceased. ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.10.15 19:33:25 +0530 2 Thereafter, the deceased’s wife left her matrimonial home and began residing at her parental house. It is further alleged that, due to mental harassment, the deceased committed suicide by consuming poison and subsequently died. Based on the said complaint, the police arrested the present applicant on the basis of a memorandum statement, and an offence has been registered against him under Section 108 of the Bharatiya Nyay Sanhita, 2023. 3. Learned counsel for the applicant submits that the present applicant is innocent person and has been falsely implicated in the present case. He submits that the alleged incident took place on 16.04.2025, whereas the case was registered on 13.09.2025, there is an inordinate delay in lodging the FIR by the complainant. He also submits that the applicant has neither had any dispute with the deceased nor subjected him to any mental harassment so as to abet the commission of suicide. The applicant has not committed any of the alleged offences as stated by the prosecution. He furthers submits that there are no ingredients of the offence punishable under Section 108 of the Bharatiya Nyay Sanhita, 2023, made out in the prosecution story against the present applicant. He submits that the present applicant has no criminal antecedents, therefore, he prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel appearing for the non - applicant/State opposes the bail application and submits that looking to the seriousness of the present case, the anticipatory bail application of the present applicant is entitled to be dismissed. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, and the fact that no suicide note was left behind by the deceased, no injuries were found on the body of the deceased, the cause of death was poisoning, there was a 3 delay of nearly six months in lodging the FIR against the present applicant, and furthermore, the applicant has no criminal antecedents. Therefore, without further commenting on merits, 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 – Rajesh Banjare (Rajesh Kumar Banjare), on executing a personal bond and one surety in the like sum to the satisfaction of the arresting Officer, she 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/ Sd/- (Ramesh Sinha) CHIEF JUSTICE Abhishek