1 2026:CGHC:1070 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 59 of 2026 Jagat Kumar Gupta S/o Pachuram Gupta Aged About 59 Years R/o Village Bamhandih, P.S. - Komakhan, District Mahasamund C.G. ... Applicant versus State Of Chhattisgarh Through PS Patewa, District Mahasamund C.G. ... Respondent For Applicant : Shri Sanjay Agrawal, Advocate. For Respondent/State : Ms. Nupur Trivedi, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 07/01/2026 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.156/2025 registered at Police Station Patewa, District Mahasamund (C.G.) for the offence punishable under Section 108 of BNS, 2023. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2026.01.08 10:49:25 +0530 2 2. Case of the prosecution, in brief, is that an information regarding the death of the deceased Shatrughan Khadiya was reported by one of his relative Chandraprakash Khadiya with a memo issued by the NCC Hospital Jhalap and thereafter merg was registered at P.S. Patewa, Mahasamund. As per the report the deceased Shatrughan Khadiya was brought to the hospital in an unconscious state, the doctor found that the deceased has consumed poisonous substance and after treating him for about 30 minutes he was declared dead. During merg investigation it was narrated by the relatives/family members of the deceased and one Chovaram Dhruv, that the deceased had earlier lodged a complaint against the accused Jagat Gupta alleging that he was harassed and threatened with death by being pressured to go to another state to work in a brick kiln. It is alleged that the accused found to have put unnecessary pressure on the deceased Shatrudhan Khadiya to go for work in brick kiln. As a result, the deceased fearing the accused, committed suicide by consuming poison on 11-10-2025 at around 05:00 P.M. The accused Jagat Kumar Gupta's actions were found to be an offence punishable under Section 108 of the BNS and a case was registered and taken up for investigation. Thereafter, the accused was arrested on 19-10-2025 at around 21:30 hrs and since then he is in jail. After completion of the investigation, charge sheet was filed on 09-12-2025 before the concerned Court. 3 3. Learned counsel for the applicant argued that the allegation that the deceased was being pressurized by the applicant for taking him to Uttar Pradesh for doing the work of labourer is a false one as only vague complaint was made by the deceased to the SP two months prior on 14 July, 2025 and there appears to be no suicide note, moreover on the other hand, the deceased family members when their statement was recorded during the course of investigation has submitted that the deceased was in a habit of consuming liquor and he had also complained to them that the applicant was pressurizing him to go to UP for work but he committed suicide. He would submit that the charge sheet has been filed in this case, the applicant is in jail since 19/10/2025 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and she would submit that charge sheet has been filed in this case before the competent court. She would submit that there is no suicide note. She would further submit that the applicant has three criminal antecedents, therefore he is not entitled to be released on bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, nature of allegation levelled against the applicant, further the fact 4 that there is no suicide note, period of detention of the applicant since 19/10/2025, charge sheet has been filed and also considering the fact that trial is likely to take some time for its conclusion, therefore this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed and it is directed that the Applicant- Jagat Kumar Gupta, involved in Crime No.156/2025 registered at Police Station Patewa, District Mahasamund (C.G.) for the offence punishable under Section 108 of BNS, 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 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 sufficient 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 5 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 sufficient 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. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri