1 2025:CGHC:58655 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9590 of 2025 1 - Laxman Nirmalkar S/o Jeevan Nirmalkar Aged About 30 Years. 2 - Ravi Nirmalkar S/o Jeevan Nirmalkar Aged About 37 Years. Both R/o Nariya Bhatapara, Police Station Mulmula, District- Janjgir- Champa C.G. ... Applicants. versus State Of Chhattisgarh Through S H O, Police Station Mulmula, District- Janjgir-Champa C.G. ... Respondent. For Applicants : Shri Aman Tamrakar, Advocate. For State/Respondent : Ms. Monika Singh Thakur, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 03/12/2025 1. The applicants have preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as they have been arrested in connection with Crime No.292/2025, registered at Police Station – Mulmula, District Janjgir Champa (C.G.) for the offence punishable under AVINASH SHARMA Digitally signed by AVINASH SHARMA Date: 2025.12.04 11:52:14 +0530 2 Section 108, 3 (5) of B.N.S. 2. As per the prosecution story, in brief, Merg No.12/2025 of Police Station Mulmula of deceased namely Dhannu Yadav who died by hanging. During the investigation of the case, it was found that on the day of Ganesh Idol immersion, there was a free fight between deceased namely Dhhanu Yadav and Applicant No.1 namely Laxman Nirmalkar over some issue. Based on the above dispute, one FIR was registered against the deceased namely Dhannu Yadav and in counter report, the deceased namely Dhannu Yadav also lodged a report against the applicants. Both cases are under investigation. Applicant No.1 Laxman Nirmalkar and his elder brother namely Ravi Nirmalkar/Applicant No.2 were continuously pressurizing the deceased Dhannu Yadav to resign and were demanding Rs.50,000/-, due to which, the deceased was very upset because of the threats of being fired from the post of Nagar Panchayat Sweeper and fear of being sent to jail by implicating him in other false cases, if he failed to pay the said amount. Ultimately, the deceased Dhannu Yadav committed suicide and before doing so, he made a video recording and stated that Laxman Nirmalkar/Applicant No.1 and his elder brother namely Ravi Nirmalkar/Applicant No.2 are continuously harassing him by demanding Rs.50,000/- due to which, he is committing suicide and the both the brothers/applicants are responsible for his death. 3. It is argued by the learned counsel for the applicants that the applicants are innocent and have been falsely implicated in this 3 case. He submits that no incriminating article is recovered or found in mobile from possession of applicants. He submits that cause of death of deceased is suicide but no suicide note is present in the charge sheet. He also submits that dying declaration is also not available. Learned counsel for the applicants further submits that no eye witness or any witness in relation to presence of applicants in the place of incident is there. He further submits that applicant No.1 has only one previous criminal record bearing FIR No.284/2021 within the jurisdiction of Mulmula Police Station, District Janjgir Champa and the applicant No.1 has also been released on personal bond by the concerned Police Station. He further submits that Applicant No.2 has no criminal history. Learned counsel submits that the charge-sheet has been filed and the applicants are in jail since 13.09.2025 and the trial is likely to take some time for its conclusion, therefore, he prays for grant of bail to the applicants. 4. On the other hand, learned State counsel opposed the bail application and submits that the charge-sheet has been filed in the present case and further submits that there was some previous enmity between the deceased namely Dhhanu Yadav and the applicants. Learned State counsel submits that deceased namely Dhannu Yadav had lodged an FIR against the applicants on account of the incident which took place on the day of immersion of Ganesh Idol and applicants were pressurizing the deceased to withdraw the said case and it is stated that due to 4 such pressure, the deceased committed suicide. 5. I have heard learned counsel for the parties and perused the documents available on record. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicants and the fact that the charge-sheet has been filed and the applicants are in jail since 13.09.2025, the fact cause of death of deceased is hanging but no suicide note was found, that the Applicant No.1 has only case pending against him which is registered as FIR No.284/2021 within the jurisdiction of Mulmula Police Station, District Janjgir Champa and the applicant No.1 has also been released on personal bond by the concerned Police Station and the fact that Applicant No.2 has no criminal history and further considering that there was some previous enmity between the deceased and the applicants, conclusion of the trial is likely to take some time, this Court is of the opinion that the applicants are entitled to be released on bail. 7. Accordingly, the bail application is allowed. Let the applicants - Laxman Nirmalkar and Ravi Nirmalkar, involved in Crime No.292/2025, registered at Police Station – Mulmula, District Janjgir Champa (C.G.) for the offence punishable under Section 108, 3 (5) of B.N.S., be released on bail on their furnishing a personal bond with two sureties each in the like sum to the satisfaction of the court concerned with the following conditions:- 5 (i) The applicants shall file an undertaking to the effect that they shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (ii) The applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicants shall remain present, in person, before the trial court on the dates fixed for (i) 6 opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of BNSS. If in the opinion of the trial court absence of the applicants is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against them in accordance with law. 8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Avinash