1 2026:CGHC:22088 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3198 of 2026 Birendra Deep S/o Dilip Deep Aged About 31 Years R/o Raja Talab, Arjun Chowk, Tehsil And Distt. Raipur, Chhattisgarh. ... Applicant versus State of Chhattisgarh Through Sho, P.S. Civil Lines, Raipur, Chhattisgarh. ... Non-Applicant For Applicant : Mr. Akash Mishra, Advocate For Non-Applicant/State : Mr. Shailendra Sharma, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 11.05.2026 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. 14/2026 registered at Police Station Civil Lines, Raipur, District Raipur, (C.G.) for the offence punishable under Sections 108, 3(5) of the Bharatiya Nyaya Sanhita, 2023. 2. Case of the prosecution, in brief, is that on 21.10.2025, the concerned ofÏcer of Police Station Civil Lines received a morgue intimation regarding the death of deceased Sudarshan Chhura @ Vicky, who was stated to be a history-sheeter, pursuant to which Morgue No. 44/2025 was registered. During the course of RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 investigation, it was revealed that the present applicant along with other co-accused persons was allegedly blackmailing the deceased on the basis of an obscene video and threatening him with its circulation, due to which the deceased allegedly committed suicide by jumping from the roof of a building. On the basis of the material collected during investigation, offence punishable under Sections 108 and 3(5) of the Bharatiya Nyaya Sanhita (BNS) was registered against the present applicant and other co-accused persons vide Crime No. 14/2026 at Police Station Civil Lines. Thereafter, the applicant was arrested and remanded to judicial custody. Hence, the present bail application. 3. Learned counsel for the applicant submits that the applicant is innocent and has falsely been implicated in the present case and has not committed any offence as alleged against him. It is further submitted that the entire prosecution story is false, baseless and fabricated and has been built upon incorrect facts. He submits that the deceased was a history-sheeter and was wanted in connection with Crime No. 247/2025 registered at Police Station Saraswati Nagar, Raipur, and during the course of police chase in the said crime on 18.10.2025, the deceased allegedly fell from the roof of a building and sustained head injuries, due to which he was admitted to DKS Hospital where he succumbed to the injuries on 21.10.2025. It is submitted that thereafter the present false story has been concocted against the applicant for reasons best known to the prosecution. He further submits that the investigation has already been completed and charge-sheet has been filed, therefore, no 3 further custodial interrogation of the applicant is required. It is also submitted that co-accused has already been granted anticipatory bail by this Hon’ble Court in MCRCA No. 296/2026 vide order dated 24.02.2026. He lastly submits that the applicant has no previous criminal antecedents, he is in jail since 11.01.2026 and the trial is likely to take considerable time for its conclusion. Therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel appearing for the respondent/State opposes the bail application and submits that the charge-sheet has been filed in the present case before the competent Court. He further submits that during the course of investigation, sufÏcient material has been collected against the present applicant indicating that the applicant along with other co- accused persons was continuously blackmailing and threatening the deceased by using an obscene video, due to which the deceased was mentally harassed and ultimately committed suicide. It is further submitted that the applicant has two previous criminal antecedents under the IPC of the years 2013 and 2017. Considering the gravity of the offence and the role attributed to the applicant, it is prayed that the present bail application deserves to be rejected. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, the nature of allegations levelled against the present applicant, the fact that no suicide note has been recovered from the deceased implicating the 4 present applicant, the fact that the prosecution case is primarily based upon circumstantial material collected during investigation, the further fact that the deceased was already involved in another criminal case and had allegedly sustained injuries after falling from the roof while being chased in connection with Crime No. 247/2025 registered at Police Station Saraswati Nagar, Raipur, the fact that investigation has already been completed and charge-sheet has been filed and therefore no further custodial interrogation of the applicant is required, coupled with the fact that co-accused has already been granted anticipatory bail by this Court in MCRCA No. 296/2026 vide order dated 24.02.2026, the applicant is in jail since 11.01.2026, and the trial is likely to take sometime for its conclusion, and without commenting anything on the merits of the case, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the bail application of the applicant is allowed. Let the Applicant- Birendra Deep, involved in Crime No. 14/2026 registered at Police Station Civil Lines, Raipur, District Raipur, (C.G.) for the offence punishable under Sections 108, 3(5) of the Bharatiya Nyaya Sanhita, 2023, 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 5 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 sufÏcient 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 sufÏcient 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. OfÏce is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rahul Dewangan