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2026 DAILYLAW 31792 (CHH)

DURYODHAN SAHARE @ ABHAY SAHARE v. STATE OF CHHATTISGARH

MCRCA/1307/2026 · 2026-08-12

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Judgment text

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1 CGHC010312812026 2026:CGHC:36040 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1307 of 2026 Duryodhan Sahare @ Abhay Sahare S/o Shri Lakhan Sahare Aged About 31 Years R/o Village- Kariyatola, Police Station- Dongargaon, District- Rajnandgaon (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through Station House O2cer, Police Station Dongargaon, Distt.- Rajnandgaon (C.G.) ... Non-applicant(s) For Applicant : Mr. Rajendra Patel, Advocate. For Non-applicant/State : Ms. Anusha Naik, Dy. Govt. Advocate. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 13.08.2026 1. This is the 8rst application 8led under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of anticipatory bail to the applicant, who is apprehending his arrest in connection with Crime No.239/2026, registered at Police Station Dongargaon, District Rajnandgaon (C.G.), for the o=ence punishable under Section 108 of the Bharatiya Nyaya Sanhita, 2023. 2. Case of the prosecution, in brief, is that on 25.04.2026, information was received that the applicant's wife had committed suicide by KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 hanging herself in her bedroom. During the merg enquiry, the father of the deceased produced an alleged suicide note and the statements of the relatives and other witnesses were recorded. During investigation, it surfaced that the applicant was allegedly maintaining an illicit relationship with another woman, on account of which frequent matrimonial disputes used to take place between the applicant and the deceased. It is further alleged that on the date of the incident there was a telephonic quarrel between the applicant and the deceased, immediately whereafter the deceased committed suicide. On the basis of the suicide note and the statements collected during investigation, the aforesaid crime has been registered against the applicant. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. He further submits that the alleged suicide note was neither recovered from the possession of the deceased nor seized from the spot during the inquest proceedings and the same was subsequently produced by the father of the deceased, which creates a serious doubt regarding its authenticity and evidentiary value. He further submits that even if the entire prosecution case is accepted as it stands, the essential ingredients constituting the o=ence of abetment of suicide are not made out against the applicant and mere matrimonial discord or domestic quarrels cannot attract the provisions of Section 108 of the B.N.S. It is further submitted that the applicant is a Semi-Government employee working as a Field Visitor in Nagar Panchayat, Nagari, District Dhamtari (C.G.), having 3 no criminal antecedents and is the sole earner of his family. It is also submitted that the applicant and the deceased have two minor children and in the event of his arrest there would be no one to look after them. Accordingly, he prays for grant of anticipatory bail. 4. On the other hand, learned State Counsel opposes the prayer for grant of anticipatory bail and submits that from the perusal of the suicide note, it prima facie appears that the applicant was continuously harassing the deceased on one count or the other. It is further revealed that the applicant had allegedly threatened the deceased at the point of a knife and compelled her to give a written declaration that she did not want to live. Thereafter, being unable to bear the continuous harassment and cruelty allegedly meted out to her by the applicant, the deceased committed suicide by hanging herself. It is further submitted that the allegations made in the suicide note are duly corroborated by the statements of the prosecution witnesses collected during investigation. Therefore, looking to the nature and gravity of the allegations, the applicant is not entitled to the extraordinary discretionary relief of anticipatory 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 and gravity of the allegations levelled against the applicant and further considering that, as per the prosecution case, the applicant was allegedly maintaining an illicit relationship with 4 another woman, on account of which frequent matrimonial disputes used to take place between the applicant and the deceased and on the date of the incident there was a telephonic quarrel between them immediately prior to the commission of suicide. Further, from the perusal of the alleged suicide note, it prima facie appears that the applicant had been continuously harassing the deceased on one count or the other and had also threatened her at the point of a knife by compelling her to give in writing that she did not want to live. The statements of the prosecution witnesses collected during investigation also lend prima facie support to the prosecution case. Thus, looking to the serious nature of the allegations and without commenting upon the merits of the case, this Court is of the opinion that it is not a 8t case to extend the extraordinary discretionary relief of anticipatory bail to the applicant. 7. Accordingly, the present anticipatory bail application of the applicant – Duryodhan Sahare @ Abhay Sahare, involved in Crime No.239/2026, registered at Police Station Dongargaon, District Rajnandgaon (C.G.), for the o=ence punishable under Section 108 of the Bharatiya Nyaya Sanhita, 2023. is rejected. Sd/- (Ramesh Sinha) Chief Justice Kunal