1 2025:CGHC:59483 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 10049 of 2025 1. Ramchandra Jaiswal @ Chander Seth S/o Late Gyanchandra Jaiswal Aged About 62 Years R/o Res Colony, Near Durga Mandir, Bacheli, PS- Bacheli Hall Main Market - Kirandul, PS- Kirandul, District- Dantewada (C.G.) 2. Rajkumar Sao @ Kadki S/o Late Gyanchandra Jaiswal Aged About 60 Years R/o Main Market, Ward No. 08, Kirandul, PS - Kirandul, District- Dantewada (C.G.) ... Applicants versus The State of Chhattisgarh Through The Station House OfÏcer, Police Station - Kirandul, Distt.- Dantewada (C.G.) ... Non-applicant For Applicants : Mr. Neeraj Kumar Mehta, Advocate. For Non-Applicant/State : Ms. Smriti Shrivastava, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 08.12.2025 1. This is the First bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 68/2025 registered at Police Station – Kirandul, District Dantewada (C.G.), for the offence punishable under Section 108 and 3(5) of the Bhartiya Nyaya Sanhita, 2023. 2. According to the prosecution case, the deceased, P. Ganeshwar, ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.12.09 11:06:16 +0530 2 committed suicide by hanging himself in his house on 22.10.2025. During the morgue inquiry, a suicide note was recovered from his pocket, wherein it is alleged that the applicants had threatened him regarding the recovery of the money they had advanced to him. It is further alleged that, due to the threats extended by both the applicants, the deceased was driven to commit suicide. During the enquiry, statements of the deceased’s relatives were recorded, wherein they stated that prior to the incident, the deceased had informed them that he had taken a loan from the applicants and that the applicants were compelling him to repay the said amount. Owing to the aforesaid circumstances, the deceased is stated to have taken the extreme step of ending his life. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. He submits the 4 to 5 months prior to the date of the incident, the deceased had taken a loan of about Rs. 8,00,000/- from the applicants and had assured them that he would repay the said amount within 3 to 4 months. However, he failed to do so. He submits that on 22.10.2025, the deceased came to his house at about 10:00 p.m., and on the next morning at about 6:00 a.m., his dead body was found hanging in his bedroom. During the morgue inquiry, a suicide note was recovered from his pocket, wherein it is alleged that the applicants had threatened him for recovery of the money they had advanced to him. It is further alleged that due to the threats extended by both the applicants, the deceased was driven to commit suicide. During the enquiry, statements of the deceased’s relatives were recorded, and they stated that prior to the incident, the deceased had informed them that he had taken a loan from the applicants and that the applicants were compelling him to repay the said amount. On account of these circumstances, the deceased is said to have taken the extreme step of 3 ending his life. He also submits that there is no material whatsoever against the applicants to show that they had harassed the deceased in close proximity to his death, or that they had subjected him to any form of harassment. The contents of the FIR as well as the suicide note indicate that the deceased committed suicide as he was fed up with the pressure arising out of his inability to repay the loan amount and interest. Whether the allegations made in the FIR and the suicide note are sufÏcient to constitute the offences under Sections 45 and 108 of the BNS, 2023, the answer is in the negative. This is because the suicide note does not contain any allegation that the applicants had instigated the deceased to commit a particular act or that they had intentionally abetted him in committing suicide. He further submits that even assuming that the deceased was upset due to the non-repayment of the borrowed amount and interest, such a circumstance does not amount to instigation or abetment to commit suicide as defined under Sections 45 and 108 of the BNS, 2023. Instead of taking lawful and legitimate steps, the deceased adopted an escapist course by committing suicide. It is a settled principle of law that if instigation for the commission of suicide is not prima facie established, the offence under Section 108 of the BNS is not made out. He also submits that the present applicants have five criminal antecedents, two cases under the Gambling Act and three cases under Istagasa and all of which pertain to the period prior to 2006 and are thus old and stale. The applicants, aged about 62 years and 60 years respectively, have been in jail since 08.11.2025. As the conclusion of the trial may take some time, he prays for grant of regular bail to the applicants. 4. On the other hand, the learned State Counsel opposes the bail application of the present applicant and submits that the charge-sheet 4 has already been submitted in the present case before the competent court. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, and upon perusal of the case diary, it appears that the deceased, P. Ganeshwar, committed suicide by hanging on 22.10.2025. During the morgue inquiry, a suicide note was recovered from his pocket alleging that the applicants had threatened him over repayment of money they had lent to him. It is further noted that the applicants have five criminal antecedents, two under the Gambling Act and three under Istagasa, all of which pertain to the period prior to 2006 and are thus old and stale. The applicants are aged about 62 years and 60 years, respectively. Moreover, considering that the charge-sheet has already been submitted before the competent Court and the applicants have been in jail since 08.11.2025, and the conclusion of the trial may take some time, this Court is of the view that the applicants are entitled to be released on bail. 7. Let the applicants – Ramchandra Jaiswal @ Chander Seth and Rajkumar Sao @ Kadki , involved in Crime No. 68/2025 registered at Police Station – Kirandul, District Dantewada (C.G.), for the offence punishable under Section 108 and 3(5) of the Bhartiya Nyaya Sanhita, 2023, 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:- (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 5 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 sufÏcient 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) 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 are deliberate or without sufÏcient 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. OfÏce 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 Abhishek