1 CGHC010261442026 2026:CGHC:36080 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6318 of 2026 Dilharan Patel S/o- Ganesh Ram Patel, Aged About 50 Years R/o- Village- Gindola, Thana- Lawan, District- Baloda Bazar- Bhatapara (C.G.) ... Applicant versus State Of Chhattisgarh Through - S H O, Thana - Lawan, District- Baloda Bazar- Bhatapara (C.G.) ... Non-applicant For Applicant : Mr. Samir Singh, Advocate. For Non-applicant/State. : Mr. Soumya Rai, Dy. G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 13.08.2026 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 217/2026 registered at Police Station - Lawan, District- Baloda Bazar- Bhatapara (C.G.), for the offences punishable under Section 108 of the BNS. 2. The prosecution story, in brief, is on 13.09.2024 deceased Smt. Varsha Patel has committed suicide by set on fire, thereafter she VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.08.14 10:59:47 +0530 2 hospitalized and on 21.09.2024 she dead, so the merg has been registered and during the course of investigation and merg inquiry, FIR has been lodged on 27.06.2026 and alleged that the applicant has harassed him and during the course of the inquiry police recorded the statement of his relative and other witnesses and registered the offence under section 108 of Bhartiya Nyay Sanhita against the applicant. 3. Learned counsel for the applicant submits that the applicant is a 50- year-old person and the father-in-law of the deceased, who has been falsely implicated in the present case merely on the basis of suspicion, without any specific or credible material against him. The incident is alleged to have occurred on 13.09.2024, whereas the statements of the relatives of the deceased were recorded after a considerable delay of nearly two years, and no witness had made any allegation against the applicant soon before the death of the deceased. It is further submitted that the learned Sessions Judge rejected the regular bail application mainly on the ground that a dying declaration had been recorded; however, the said dying declaration contains only general allegations and does not attribute any specific overt act or role to the applicant. Even if the prosecution case is taken at its face value, the essential ingredients of abetment as contemplated under Section 45 of the Bharatiya Nyaya Sanhita, 2023 are not prima facie attracted against the applicant, and there is no material to establish that the applicant abetted or instigated the deceased to commit suicide. The prosecution has also failed to collect any direct or indirect evidence showing the involvement of the applicant in the commission of the offence under Section 108 of the Bharatiya Nyaya Sanhita, 2023; 3 hence, the applicant deserves to be enlarged on regular bail. 4. On the other hand, learned State Counsel opposes the bail application of the present applicant and submits that the charge-sheet has already been filed before the competent Court. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, the fact that the present applicant has no criminal antecedents, and that the charge-sheet has already been filed before the competent Court, while the applicant has been in custody since 28.06.2026, and the conclusion of the trial is likely to take some time, this Court is of the considered view that the applicant is entitled to be released on bail. Accordingly, the bail application is allowed. 7. Let the Applicant – Dilharan Patel, involved in Crime No. 217/2026 registered at Police Station - Lawan, District- Baloda Bazar- Bhatapara (C.G.), for the offences punishable under Section 108 of the BNS, be released on bail on furnishing personal bond with two local 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 4 cause, the trial court may proceed against his 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 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 concerned for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice vaibhav