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2026 DAILYLAW 26080 (CHH)

SAILESH KUMAR VASAM v. STATE OF CHHATTISGARH

MCRCA/805/2026 · 2026-07-09

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Judgment text

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1 CGHC010204912026 2026:CGHC:29137 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 805 of 2026 1 - Sailesh Kumar Vasam S/o Gopal Vasam Aged About 49 Years R/o House No 692 Block- Colony Near Science Museum Bijapur District- Bijapur (C.G.) 2 - Chhavitesh Dongre S/o S.R. Dongre Aged About 46 Years R/o G-7 Majhiguda G S D Basti Bijapur District- Bijapur C.G. ... Applicants versus State Of Chhattisgarh Through Station House Officer, Police Station - Bijapur District Bijapur (C.G.) ... Non-Applicant For Applicant : Shri Sunil Otwani, Sr. Advocate with Miss Katyayani Vishnu Priya & Shri Sameer Oraon Advocates. For Non-Applicant : Miss Supriya Upasane, GA. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 10/07/2026 1. This first anticipatory bail application under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023 has been filed by the KRISHNA KUMAR BARVE Digitally signed by KRISHNA KUMAR BARVE Date: 2026.07.13 12:57:19 +0530 2 applicants, who are apprehending their arrest in connection with Crime No.35/2026 registered at Police Station – Bijapur, District- Bijapur (C.G.) for the offence punishable under Sections 108 and 3 (5) of Bharatiya Nyaya Sanhita (for short ‘BNS’). 2. The prosecution story, in brief, is that on 22nd April, 2026, at about 8.00 hours, the deceased departed from his house on a motorcycle and was proceeding towards his agricultural land. Following a prolonged and unexplained absence, the family members of the deceased and neighbours initiated a search. At about 10.00 hours, the deceased was found suspended by the neck from a tree in the vicinity of a pond. With the help of local villagers, the body was lowered and sent to the hospital. It is stated that the deceased was under depression for several days prior to the incident. Thereafter the report was lodged. It is also stated that the postmortem report reveals that the cause of death is suicide and during preparation of Panchnama, a suicide note was also recovered from the deceased. Hence, the bail application. 3. Learned Senior counsel for the applicant submits that the applicants are innocent and have been falsely implicated in the present case. Applicant No.1 is the Sub Engineer and he along with applicant No.2 were involved in construction of school building. It is argued that the deceased was Headmaster of the Institution and he committed suicide on the ground that substandard material was used in construction of the school 3 building and if any unfortunate incident happens, he would be liable for the same. Therefore the applicants may be released on bail. 4. On the other hand, learned State counsel, opposes the prayer for grant of anticipatory bail to the applicants and submits that looking to the allegations made against the applicants in the suicide note, the applicants are not entitled for bail. 5. I have heard learned counsel for the parties and perused all of the documents taken on record. 6. Considering the facts and circumstances of the case, and the fact that the deceased, who was Headmaster of the School, committed suicide on the ground that substandard material was used in construction of the school building and if any unfortunate incident happens, he would be liable for the same and the role attributed to the present applicants, this Court is inclined to extend the benefit of anticipatory bail to the applicants. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicants – Sailesh Kumar Vasam & Chhavitesh Dongre, on executing a personal bond with one surety each in the like sum to the satisfaction of the Arresting Officer, they shall be released on bail on the following conditions:- (a) they should 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. 4 (b) they should not act in any manner which will be prejudicial to fair and expeditious trial. (c) they should 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 sureties shall submit a copy of their adhaar card alongwith a colored postcard full size photo having printed the adhaar number on it, which shall be verified by the trial Court. (e) they should not involve themselves in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE Barve