1 2026:CGHC:1286 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 9 of 2026 Rajendra Golchha S/o Late Shri Sonraj Golchha Aged About 63 Years Proprietor R.K. Jewellers, R/o Sadar Bazar, Rajnandgaon, Tehsil And District Rajnandgaon, Chhattisgarh. ... Applicant versus State Of Chhattisgarh Through Police Chowki Surgi, Police Station Basantpur, District Rajnandgaon, Chhattisgarh ... Respondent For Applicant : Mr. Sunil Otwani, Senior Advocate with Mr. Rajendra Kumar, Advocate For Non-applicant/State : Mr. Amit Verma, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 08.01.2026 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. 582/2025 registered at Police Station – Surgi District – Basantpur (C.G.) for the offences punishable under Sections 108 & 3(5) of the BNS. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.01.09 12:50:33 +0530 2 2. The prosecution story in brief, is that, on 19.11.2025 Ramkhilavan Sahu committed suicide by hanging himself from a tree. During the course of investigation, a suicide note was allegedly recovered from the purse kept in the pocket of the deceased's pant. It has been alleged in the said suicide note that the deceased was subject to harassment by applicant and other co-accused namely Umesh Paliwal, Ramesh Paliwal and Shivkumar for not returning the loan amount taken by the deceased from the accused persons. That, the deceased has taken a loan of Rs 1, 25, 000/- from the applicant firm namely R. K. Jewellers and it has been alleged that for repayment of loan, the applicant has sent one of its employee to the deceased house and he has harass the deceased in relation to repayment of the loan amount. On the basis of these allegations, Police Chowki Surgi, Police Station Basantpur, registered Crime No. 582/2025 under Sections 108 and 3(5) of the Bhartiya Nyaya Sanhita. That, the copy of FIR has not been uploaded by the Police authorities in website and the Crime No. 582/2025 is shown as "Case Sensitive in web portal, therefore the applicant could not file copy of FIR along with the instant bail application. 3. The learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He further submits that the applicant is a law-abiding businessman, duly registered under the Chhattisgarh Money Lenders Act, who has been carrying on the business of money-lending and jewellery for over two decades without any prior complaint or allegation of misconduct, and the loan advanced to the deceased was strictly within the four corners of law, duly supported by a promissory note and corresponding entries in the firm’s books seized by the police; that for an offence under 3 Section 108 of the BNS, the prosecution must establish clear instigation, intentional aid, or conspiracy to drive the deceased to take his life, which is conspicuously absent in the present case, as mere demand for repayment of a lawful debt even if made firmly does not amount to abetment, a principle consistently upheld by the Hon’ble Supreme Court; that neither the FIR nor the alleged note attributes any direct act of continuous harassment or instigation to the applicant, whose name is not specifically mentioned, and in fact the material indicates that the deceased was under financial stress from multiple sources; that the applicant, aged about 63 years and a heart patient who underwent bypass surgery in 2022, was not even actively involved in the day-to-day affairs of the firm, has fully cooperated with the investigation, and no recovery or custodial interrogation is required from him; therefore, in the absence of any prima facie material establishing mens rea or the essential ingredients of abetment, the proceedings against the applicant are unsustainable and he deserves the benefit of bail. 4. On the other hand, learned State counsel opposes the anticipatory bail application of the applicant. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, nature of the dispute, and the material available in the case diary, it appears that the applicant is a businessman duly registered under the Chhattisgarh Money Lenders Act, and that during the course of investigation a suicide note was allegedly recovered stating that the deceased was 4 being harassed by the applicant and other accused persons for repayment of the loan amount; however, the record shows that the loan was advanced as part of a lawful business transaction, and merely sending an employee to seek repayment of money does not, by itself, constitute the offence of abetment of suicide, as at this stage there is no clear material to show that the applicant directly instigated or intentionally compelled the deceased to take such an extreme step, and therefore, without expressing any opinion on the merits of the case, I am inclined to grant anticipatory bail to the present applicant. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Rajendra Golchha, 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) he 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) he shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) he 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) he shall not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE vaibhav