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2026 DAILYLAW 10737 (CHH)

RAMESH PALIWAL v. STATE OF CHHATTISGARH

MCRCA/367/2026 · 2026-03-09

Transfer Petitionbody2026

Judgment text

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1 2026:CGHC:11432 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 367 of 2026 1 - Ramesh Paliwal S/o Laxminarayan Paliwal Aged About 56 Years R/o House No. 183, Ward No. 30, Lohar Para, Rajnandgaon, Tehsil And District- Rajnandgaon ( C.G. ). 2 - Umesh Paliwal S/o Shri Laxminarayan Aged About 49 Years R/o House No. 183/30, Ward No. 30, Lohar Para, Rajnandgaon, Tehsil And District- Rajnandgaon ( C.G. ). ... Applicants versus 1 - State of Chhattisgarh Through- The Station House Officer, Police Station Basantpur, District- Rajnandgaon ( C.G. ). ... Respondent (Cause title is taken from Case Information System) For Applicants : Ms. Poonam Gilurkar, Advocate For Respondent/State : Ms. Ritika Verma, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order On Board 10.03.2026 1. This is Second anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicants, who are apprehending their arrest in connection with Crime No.582/2025 registered at Police Station – Basantpur, District - Rajnandgaon (C.G.) for the offence punishable under Section 108 of Bhartiy Nyay Sanhita, 2023. 2. The first anticipatory bail application was dismissed as withdrawn VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.03.12 10:41:17 +0530 2 vide order dated 09.12.2025 in MCRCA No. 1936 of 2025. 3. Prosecution case, in brief, is that F.I.R was registered at Police Station Basantpur, Rajnandgaon (C.G.) against the present applicants along with other co-accused for the offence of abetting the commission of suicide by the deceased Ramkhilavan Sahu. The deceased committed suicide on 19/11/2025 and has left behind a suicide note wherein names of the present Applicants along with other co-accused persons is allegedly present. It has been stated in the said note that the present applicants extended a total monetary loan of 64,000/- (INR Sixty-Four Thousand), out of which payment ₹ of 50,000 (INR Fifty Thousand) was satisfied by the deceased and ₹ ₹14,000 (INR Fourteen Thousand) was due as outstanding. It is alleged against the present Applicants that they pressurized the deceased to return the outstanding amount, which he had borrowed from the applicants. Owing to the continuous pressure by the applicants and other co-accused, the deceased decided to take his own life by hanging from a tree. 4. Learned counsel for the applicant would submit that the applicant is innocent person and he has not committed any offence as alleged by the prosecution and he is falsely implicated in the present case. It is further submitted that the first anticipatory bail application was dismissed as withdrawn vide order dated 09.12.2025 in MCRCA No. 1936 of 2025, therefore second anticipatory bail application has been filed. It is also contended that co-accused namely Rajendra Golchha has already been granted bail by this Court vide order dated 08.01.2026 in MCRCA No.9 of 2026, therefore, he prays for grant of anticipatory bail to the present applicants. 5. On the other hand, learned State counsel opposed the prayer for 3 grant of anticipatory bail and submits that bail application of co- accused has also been rejected by this Court in MCRCA No.41 of 2026 vide order dated 09.01.2026, therefore applicants are not entitled for grant of anticipatory bail. 6. I have heard learned counsel for the parties and perused all of the documents taken on record. 7. Considering the facts & circumstances of the case, submissions of learned counsel for the parties, and further the fact that first anticipatory bail application was dismissed as withdrawn vide order dated 09.12.2025 in MCRCA No.1936 of 2025, therefore second anticipatory bail application has been filed. It is also contended that co-accused namely Rajendra Golchha has already been granted bail by this Court vide order dated 08.01.2026 in MCRCA No.9 of 2026, therefore, I am inclined to extent the benefit of Section 482 of the B.N.S.S. to the applicants. 8. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicants – Ramesh Paliwal and Umesh Paliwal on executing a personal bond with 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. (c) The Applicant shall appear before the trial Court on each and every date given to him by the said Court till 4 disposal of the trial. (d)The Applicant and the surety shall submit a copy of their adhaar card alongwith a colored 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 vaishali