1 2026:CGHC:1755 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 324 of 2026 • Girdhari Suryavanshi S/o Kaliram Suryavanshi Aged About 46 Years R/o Village- Dhurkot, P.S.- Janjgir, District : Janjgir-Champa, Chhattisgarh ... Applicant versus • State of Chhattisgarh Through District Magistrate, District : Janjgir- Champa, Chhattisgarh ... Respondent (Cause title is taken from Case Information System) For Applicant : Ms. Mashima Tandon, Advocate holding the brief of Mr. Lalit Jangde, Advocate For Respondent/State : Mr. Bharat Gulbani, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 12/01/2026 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.1002/2025 registered at Police Station- Janjgir, District- Janjgir-Champa (C.G.), for the offence punishable under Sections 115(2), 108, 3(5) of BNS. 2. Prosecution story in short is that, the applicant and deceased are co- parcenaries and there was ancestral property dispute between the applicant and the deceased. On 28.06.2025, the deceased sought VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.01.14 11:31:41 +0530 2 partition in the ancestral property, on which the applicants denied to give any partition of the property to the deceased alleging that he do not do any work and also assaulted the deceased with hand and fist. The deceased consumed poison and committed suicide. The prosecution made merg enquiry and recorded statements and thereafter lodged F.I.R. against the applicant. The applicant was arrested in connection with crime no.1002/2025, P.S- Janjgir, Dist- Janjgir Champa (C.G), chargesheet filed. 3. Learned counsel for the applicant submits that the applicant is innocent and he has falsely been implicated in this case. He further submits that applicant and deceased are coparcenaries and there was ancestral property dispute between the applicant. Further, the deceased committed suicide on 28.06.2025, and the prosecution had already enquired the matter, after lapse of five months, the prosecution registered FIR only in order to frustrate the applicant. He also submits that prosecution has not recovered any clinching material from the applicants to implicate the applicant in crime in question. The applicant is in jail since 10.11.2025 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant. 4. Learned counsel for the State/non-applicant would oppose the bail application and submit that the charge-sheet has been filed in the present case before the competent Court and the applicant has no criminal antecedent. He also submits that the applicant and deceased are coparcenaries and there was ancestral property dispute between the applicant and the deceased. On 28.06.2025, the deceased sought partition in the ancestral property, on which the applicants denied to give any partition of the property to the deceased alleging that he do 3 not do any work and also assaulted the deceased with hand and fist. The deceased consumed poison and committed suicide. He further submits that in the present case no suicide note has been found, therefore, he 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 allegation levelled against the applicant and the fact that the applicant has no criminal antecedent and considering the fact that no suicide note has been found in the present case, Further no cogent and reliable evidence have been found against the present applicant, he is in jail since 10.11.2025 and the charge-sheet has been filed, further the conclusion of the trial may take some more time, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the applicant – Girdhari Suryavanshi, involved in Crime No.1002/2025 registered at Police Station-Janjgir, District- Janjgir- Champa (C.G.), for the offence punishable under Sections 115(2), 108, 3(5) of BNS, be released on bail on their 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. 4 (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 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. 8. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice vaishali