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2026 DAILYLAW 22708 (CHH)

OMKAR v. STATE OF CHHATTISGARH

MCRCA/931/2026 · 2026-06-22

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Judgment text

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1 2026:CGHC:25654 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 931 of 2026 1 - Omkar S/o Bilaas Verma Aged About 46 Years Caste Lodhi, Occupation- Agriculturist, R/o Village- Masul, Tehsil And P.S. Dhumka, Distt.- Rajnandgaon,(C.G.) 2 - Gangaram S/o Balram Verma Aged About 42 Years Caste- Lodhi, Occupation- Agriculturist, R/o Village- Dhhara, Tehsil And P.S. Dongargarh, Distt.- Rajnandgaon (C.G.) ... Applicants versus State Of Chhattisgarh Through The Police Station Dongargarh (Sub P.S. Mohara), Distt.- Rajnandgaon (C.G.) ... Respondent For Applicants : Mr. Raza Ali, Advocate. For Non-applicant/State : Ms. Ritika Verma, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 23.06.2026 1. This first anticipatory bail application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who are apprehending their arrest in connection with Crime No.30/2026 registered at Police Station – Dongargarh District - Rajnandgaon (C.G.) for the offences punishable under Sections 306/34 of the IPC. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.06.23 14:53:50 +0530 2 2. According to the prosecution story, on 27.07.2023 to the police that his brother Chakeshwar Verma (Deceased) who have three children and about 1.5 years prior has meet with an accident and has sustained injuries over his right hand and legs for which treatment is going on and the deceased used to work as driver and on dated 27.07.2023 at about 9.00 has went out for driving and when not returned home then family members have searched him and thereafter one Sitaram Verma has informed that beside Shivpuri Khar Road the Chakeshwar Verma found to be hanged in tree and on receiving such information, the complainant and other family embers went there and found the deceased hanging in tree with plastic Rope. Based on such information the police has registered the Merg and thereafter alleged to found one suicidal note and in which it is alleged that the applicants asking for Rs. 1,70,000/- from the deceased for which the deceased became mentally and physically troubled and based on the same the police has registered the FIR on dated 10.01.2026 I.e., after lapse of more then 2.5 years. 3. Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the present case. It is contended that the allegations made in the FIR and the material collected during investigation do not disclose the essential ingredients of the offence punishable under Section 306 of the IPC. It is further submitted that none of the family members of the deceased have made any specific allegation against the applicants indicating their involvement in the alleged offence. Learned counsel further submits that the applicants and the deceased were related to each other, their wives being real sisters. According to the defence, the deceased had 3 allegedly disposed of certain property belonging to his father-in-law by taking advantage of the latter's bedridden condition and retained the sale proceeds. It is submitted that the wife of the deceased had informed the family members and relatives, including the applicants, about the said transaction and, therefore, the applicants merely requested the deceased to return the amount so that it could be deposited in the account of the deceased's unmarried sister-in-law. It is contended that such conduct cannot be construed as abetment of suicide. It is also submitted that the applicants never subjected the deceased to any harassment or cruelty. Attention is invited to the fact that the alleged incident pertains to July, 2023, whereas the FIR came to be registered only in January, 2026, after an inordinate and unexplained delay. Learned counsel submits that the offence has been registered without proper verification and that the applicants have not played any role in the commission of the alleged crime. It is further contended that even if the entire prosecution case is accepted at its face value, no case for framing of charge under Section 306 of the IPC is made out against the applicants and there are fair chances of their acquittal. The applicants are permanent residents of the address mentioned in the cause title, there is no likelihood of their absconding or tampering with the prosecution evidence, and they are ready and willing to cooperate with the investigation/trial. The applicants also undertake to abide by all conditions that may be imposed by this Court and to furnish adequate surety as directed. 4. On the other hand, learned State counsel submits that as per the prosecution case, the deceased Chakeshwar Verma, who was working as a driver and had sustained injuries in an accident about 1.5 4 years earlier, left his house on 27.07.2023 at about 9:00 a.m. for work but did not return. Later, he was found hanging from a tree near Shivpuri Khar Road with a plastic rope, as informed by one Sitaram Verma. It is further submitted that on the basis of the merg inquiry, a suicide note was allegedly recovered wherein the deceased had named the applicants and stated that they were demanding Rs. 1,70,000/- from him, due to which he was under mental pressure. It is also submitted that the FIR was registered on 10.01.2026 after completion of inquiry, disclosing prima facie involvement of the applicants in the offence under Section 306 of IPC. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, the submissions advanced by learned counsel for the parties, the nature of the allegations, and the material available on record, and without expressing any opinion on the merits of the case, this Court is of the considered view that the applicants are entitled to the benefit of anticipatory bail 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicants – Omkar & Gangaram , on executing a personal bond and one local surety in the like sum to the satisfaction of the arresting Officer, they shall be released on bail on the following conditions:- (a) They 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 5 Court. (b) they shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) they 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 applicants 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) they shall not involve themself in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE vaibhav