1 CGHC010335962026 2026:CGHC:38892 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No.1428 of 2026 Devsharan Nishad S/o Shri Tiharu Ram Nishad Aged About 32 Years R/o Village Ratakat, Police Station Arang, District Raipur, Chhattisgarh ... Applicant versus State Of Chhattisgarh Through Police Station Arang, District Raipur, Chhattisgarh .... Non-applicant For Applicant : Mr. Virendra Kashyap, Advocate. For Non-applicant/State : Mr. Sourabh Sahu, PL. Hon'ble Shri Ramesh Sinha, Chief Justice Order On Board 02.09.2026 1. The Applicant has preferred this anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of Anticipatory Bail, apprehending his arrest in connection with Crime No.380/2026, registered at SISTLA NEELIMA VISHNU PRIYA Digitally signed by SISTLA NEELIMA VISHNU PRIYA Date: 2026.09.03 10:58:34 +0530 2 Police Station – Aarang, District Raipur (C.G.) for alleged commission of offence punishable under Section 108 of BNS. 2. The prosecution case, in brief, is that the Applicant and the deceased were married in April, 2018 according to Hindu rites and customs and had two children from their wedlock. On the intervening night of 02.04.2026 and 03.04.2026, between 10:30 p.m. and 6:00 a.m., the deceased allegedly committed suicide by hanging. On receiving information from the Applicant’s father, Marg No.49/2026 was registered at Police Station Arang, followed by preparation of the inquest report and post-mortem examination of the deceased. A suicide note allegedly written by the deceased prior to her death was seized from the spot and has been sent for examination by a handwriting expert. During the course of the merg inquiry, statements of the family members of the deceased were recorded and the contents of the suicide note were also taken into consideration. Based on these allegations, the present FIR was registered against the Applicant for the offence punishable under the aforementioned Section. Hence, this application. 3. Learned Counsel for the Applicant submits that the Applicant is innocent and has been falsely implicated in the present 3 case. It is submitted that the deceased committed suicide on the intervening night of 02.04.2026 and Marg No.49/2026 was immediately registered, followed by inquest and post- mortem, whereas the FIR under Section 108 of the BNS was registered only on 16.08.2026, after a delay of more than four months. It is further submitted that the prosecution case is primarily based upon the statements of the relatives of the deceased and the alleged suicide note, which has already been seized and sent for handwriting examination and the Applicant was not present at the place of occurrence when the deceased allegedly committed suicide. He further submits that the allegations are essentially of matrimonial discord, harassment and dowry demand, without any specific or proximate act of instigation or intentional aid attributable to the Applicant and the Applicant has no criminal antecedents. It is also submitted that the Applicant's first anticipatory bail application was rejected by the learned Third Additional Sessions Judge, Raipur vide order dated 21.08.2026 and the said fact has been duly disclosed in the present application and therefore, considering the facts and circumstances of the case, the Applicant may be granted anticipatory bail. 4. Per contra, learned State Counsel opposes the bail application and submits that the suicide note left by the 4 deceased specifically attributes allegations of continuous harassment, abusive behaviour, physical assault and demands relating to dowry and other articles against the Applicant and further alleges that the Applicant had extra marital affair and he used to insult and humiliate her and her family, which ultimately drove her to take the extreme step, thereby prima facie disclosing the Applicant’s involvement in the alleged offence. 5. I have heard learned counsel for the parties and perused the material available on record. 6. Considering the submissions advanced by learned Counsel for the parties, the material available in the case diary, the specific allegations contained in the suicide note regarding extra-marital affair, repeated harassment, use of abusive language, physical assault and taunts by the Applicant in relation to the articles and financial assistance given by the deceased’s parents and further considering the allegations of insult and humiliation meted out to the deceased, without commenting anything further on the merits of the case, this Court is not inclined to grant anticipatory bail to the Applicant. 7. Accordingly, the Anticipatory Bail application of the Applicant – Devsharan Nishad, filed under Section 482 of the BNSS, 5 2023 in connection with Crime No.380/2026, registered at Police Station – Aarang, District Raipur (C.G.) for alleged commission of offence punishable under Section 108 of BNS is hereby rejected. 8. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information. Sd/- (Ramesh Sinha) Chief Justice Priya