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2026 DAILYLAW 1938 (CHH)

GANESH PATIL v. STATE OF CHHATTISGARH

MCRCA/411/2026 · 2026-03-17

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1. 2026:CGHC:13038 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 411 of 2026 Ganesh Patil S/o Sudhakar Patil Aged About 38 Years R/o Ward No. 01, C.N.P.D.I. Camp Padmaniyakhurd, Shahdol Road, Padmaniyakhurd, District- Shahdol (M.P.) ... Applicant versus State Of Chhattisgarh Through Police Station Chirmiri, Distt.- Manendragarh- Chirmiri-Bharatpur (M.C.B.) (C.G.) ... Respondent For Applicant : Shri Kshitij Sharma, Advocate. For Respondent/State : Ms. Vaishali Mahilong, Dy.G.A. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 18/03/2026 1. This first anticipatory bail application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No.293/2024 registered at Police Station – Chirmiri, Distt. Manendragarh-Chirmiri- Bharatpur (M.C.B.) (C.G.) for the offence punishable under Section 306 of I.P.C. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2026.03.19 10:58:09 +0530 2. 2. Case of the prosecution, in brief, is that on 28.11.2023 the deceased, Prabhat Nahak, who was an Assistant Teacher, committed suicide by hanging himself at his residence in Ekta Nagar, Godripara. The prosecution alleges that about a year prior to the incident, the deceased and the applicant were allegedly involved in taking money (approximately Rs.10,00,000) from individuals in the Chirmiri area under the pretext of securing government jobs. It is further alleged that the applicant kept the entire sum and failed to return it despite demands from the deceased. Further, a suicide note was purportedly recovered from the scene, wherein the deceased allegedly blamed the Applicant's actions for his mental agony, leading to the suicide. That the Investigating Officer (I.0.) has filed a Final Report (Challan) under Section 335(1) of the B.N.S.S., showing the applicant as an absconding accused. 3. It has been argued by learned counsel for the applicant that the deceased Prabhat Nayak was involved in a criminal case along with the applicant bearing case Crime No.257/2025 registered at Police Station-Baikunthpur for the offence under Section 318(4), 3(5) of BNS and the wife of the deceased was also involved who was granted anticipatory bail and they used to take money for providing employment. It is stated that the applicant who was also involved in case Crime No.257/2025 registered at Police Station-Baikunthpur for the offence under Section 318(4), 3(5) of BNS applied for anticipatory bail and his bail was rejected by this Court against which he preferred an SLP before the Apex Court in which the bail has been granted. It is stated that this is the second case which has been registered against the applicant for a similar offence and though the incident of the 3. present occurrence has taken place one year ago. He would submit that the applicant undertakes to cooperate with the investigation, the applicant is a permanent resident of address mentioned in the cause title and there is no likelihood of absconding, therefore, he submits that the present applicant is entitled to be released on anticipatory bail. 4. On the other hand, learned State counsel, appearing for the non - applicant/State opposes the prayer for grant of anticipatory bail and submitted that as per the instructions received there is suicide note which has been sent for hand writing expert. 5. I have heard learned counsel for the parties and perused the materials available on record. 6. Considering the facts & circumstances of the case, submission of learned counsel for the parties, materials available on record, considering the fact that the deceased, Prabhat Nayak, was previously involved along with the applicant in case Crime No.257/2025 registered at Police Station Baikunthpur for offence under Sections 318(4) and 3(5) of BNS, wherein even the deceased’s wife was an accused and she had been granted anticipatory bail, the applicant’s anticipatory bail in the said case was initially rejected by this Court; however, the Apex Court subsequently granted him bail in the said case and the present case is a second similar case registered against the applicant, despite the alleged incident having occurred nearly one year prior and also considering the fact that investigation and trial are likely to take some time, without commenting anything on the merits of the case, I am inclined to grant anticipatory bail to the present applicant. 4. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Ganesh Patil, on executing a personal bond and one local 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 disposal of the trial. (d) The applicant and the surety shall submit a copy of his adhaar card along with a coloured 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 gouri