1 2026:CGHC:19978 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2864 of 2026 Mohammed Mustakeem @ Sohail Khan S/o Lt. Shri Md. Shaheed @ Dabbu Aged About 26 Years R/o Khaparganj Kabadi Line, Bilaspur, District Bilaspur Chhattisgarh (Name Is Correct As Per Page 8 And 11) ... Applicant(s) versus State Of Chhattisgarh Through Police Station City Kotwali, District Mungeli Chhattisgarh ... Respondent(s) For Applicant(s) : Mr. Abdul Wahab Khan, Advocate. For Respondent(s) : Ms. Ritika Verma, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 29/04/2026 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No. 05/2026 registered at Police Station City Kotwali, District Mungeli (C.G.) for the offence punishable under Sections 108 of BNS. AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 2. Case of the prosecution, in brief, is that on 02.01.2026, the complainant/informant, Ramkumar Mohle, while present at Janpad Panchayat, received a telephonic call from the village Kotwar, Parmeshwar Das Manikpuri, informing him that one Naresh Sahu, son of Sushil Sahu, had allegedly hanged himself inside a room of his house, and requested that the police authorities be informed. Acting upon the said information, the complainant immediately apprised the police and thereafter accompanied them to the residence of Sushil Sahu situated at Village Bampara. Upon reaching the spot, it was found that the main gate of the house was locked, which was subsequently opened by the son of Sushil Sahu. On inspection, it was noticed that the window of the last room of the house was open, through which the deceased Naresh Sahu was seen hanging from a hook affixed to the ceiling, with a saree tied around his neck. On the basis of the said information, a merg intimation bearing No. 01/2026 was registered under Section 194 of BNSS. The dead body was thereafter sent for postmortem examination, wherein the doctor opined that the cause of death was suicidal in nature. During the course of merg inquiry, it was revealed that the deceased was allegedly subjected to continuous physical and mental harassment by the present applicant/accused. Being aggrieved by such harassment, the deceased recorded a video prior to his death, expressing the circumstances leading to his suicide, and uploaded the same on social media. Thereafter, he 3 committed suicide on 02.01.2026 at about 2:30 PM. Upon completion of the inquiry, it was found that a prima facie offence was made out, and accordingly, Crime No. 05/2026 was registered against the applicant/accused under Section 108 of the BNS at Police Station City Kotwali, Mungeli. It is further the case of the prosecution that the applicant was already in judicial custody in connection with Crime No. 719/2025 registered at Police Station City Kotwali, Bilaspur, and was subsequently arrested in the present case through a production warrant on 13.01.2026. After completion of investigation, the police have filed the charge-sheet before the learned Chief Judicial Magistrate. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in offence in question. He further submits that the so far as criminal antecedents of the applicant are concerned, the applicant has as many as eight criminal cases registered against him, details whereof are as follows: (1) Crime No. 350/2025 under Sections 353(1)(c), 296, 351(2), 3(5) of BNS; (2) Crime No. 340/2025 under Sections 296, 115(2), 351(2), 3(5) of BNS; (3) Crime No. 257/2024 under Sections 294, 506, 323 of IPC; (4) Crime No. 399/2024 under Sections 296, 115(2), 351(2), 3(5) of BNS; (5) Crime No. 110/2019 under Sections 294, 323, 324, 506(b), 34 of IPC; (6) Crime No. 162/2018 under Sections 294, 323, 506(b), 34 of IPC and Section 25 of the Arms Act, (7) Crime No. 4678/2019 4 under Sections 294, 323, 506 of IPC and (8) Crime No. 719/2025 under Sections 126(2), 296, 115(2), 351(2), 3(5) of BNS and in all the eight cases, the applicant is on bail. The applicant is in jail since 13.01.2026, the charge-sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and submits that the charge-sheet has been filed in the present case. She further submits that allegedly the applicant subjected the deceased, Naresh Sahu, to continuous physical and mental harassment, on account of which the deceased was commit suicide. It is alleged that, being aggrieved by such harassment, the deceased recorded a video prior to his death attributing responsibility to the applicant and thereafter committed suicide by hanging on 02.01.2026 at about 2:30 PM. So far as criminal antecedents of the applicant are concerned applicant has eight criminal antecedents, details whereof are as follows: (1) Crime No. 350/2025 under Sections 353(1)(c), 296, 351(2), 3(5) of BNS; (2) Crime No. 340/2025 under Sections 296, 115(2), 351(2), 3(5) of BNS; (3) Crime No. 257/2024 under Sections 294, 506, 323 of IPC; (4) Crime No. 399/2024 under Sections 296, 115(2), 351(2), 3(5) of BNS; (5) Crime No. 110/2019 under Sections 294, 323, 324, 506(b), 34 of IPC; (6) Crime No. 162/2018 under Sections 294, 323, 506(b), 34 of IPC and Section 25 of the Arms Act, (7) Crime No. 4678/2019 under Sections 294, 5 323, 506 of IPC and (8) Crime No. 719/2025 under Sections 126(2), 296, 115(2), 351(2), 3(5) of BNS. Therefore, the applicant is not entitled for grant of bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of offence, period of detention of the applicant since 13.01.2026, the fact that though allegedly the applicant subjected the deceased, Naresh Sahu, to continuous physical and mental harassment, which allegedly drove the deceased to commit suicide, and prior to his death, the deceased recorded a video attributing responsibility to the applicant and thereafter committed suicide by hanging, but considering the fact that the applicant has eight criminal antecedents, details whereof are as follows: (1) Crime No. 350/2025 under Sections 353(1)(c), 296, 351(2), 3(5) of BNS; (2) Crime No. 340/2025 under Sections 296, 115(2), 351(2), 3(5) of BNS; (3) Crime No. 257/2024 under Sections 294, 506, 323 of IPC; (4) Crime No. 399/2024 under Sections 296, 115(2), 351(2), 3(5) of BNS; (5) Crime No. 110/2019 under Sections 294, 323, 324, 506(b), 34 of IPC; (6) Crime No. 162/2018 under Sections 294, 323, 506(b), 34 of IPC and Section 25 of the Arms Act, (7) Crime No. 4678/2019 under Sections 294, 323, 506 of IPC and (8) Crime No. 719/2025 under Sections 126(2), 296, 115(2), 351(2), 3(5) of BNS, and in all the said cases 6 applicant has already been granted bail, further the charge-sheet has been filed, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the application is allowed. 8. Let the Applicant-Mohammed Mustakeem @ Sohail Khan, involved in Crime No. 05/2026 registered at Police Station City Kotwali, District Mungeli (C.G.) for the offence punishable under Sections 108 of BNS, be released on bail on his furnishing a personal bond with two sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicant shall file an undertaking to the effect that he 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 applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 209 of the 7 Bharatiya Nyaya Sanhita. (iv) The applicant 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 applicant 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 him in accordance with law. 9. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil