1 CGHC010338702026 2026:CGHC:39075 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No.1438 of 2026 1 - Zafar Rashid Khan S/o Shri Kamar Rashid Khan, Aged About 56 Years, R/o House No.112/113 Ward No.08 Ayyappa Nagar Bhilai, Near Falaknuma Mosque Supela Bhilai, Distt. - Durg (C.G.) (Name And Address Correctly Mention) Applicant (s) versus 1 - State Of Chhattisgarh Through Station House Officer, Police Station - Nandani Nagar, Distt. - Durg (C.G.) Respondent(s) For Applicant (s) : Mr. Sunil Sahu, Advocate For Respondent-State : Mr. Jitendra Shrivastava, GA For Respondent-Objector : Ms. Aditi Singhvi, Advocate Hon'ble Mr. Justice Ravindra Kumar Agrawal Order on Board 03.09.2026 1. This first anticipatory bail application filed under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No.267/2026 registered at Police Station Nandani Nagar, Digitally signed by R NIRALA 2 District Durg (C.G.) for the offence punishable under Sections 108, 308 (5) & 3 (5) of BNS. 2. The prosecution case, in brief, is that the on 04.08.2026 the deceased Sanjay Ojha committed suicide by jumping in the Shivnath River so the merg intimation has been registered and during merg enquiry a suicidal letter has been recovered by the prosecution in which the name of applicant Zafar khan, Hulas Patel, Bachcha Khan @ Zaid Mohammad is written therefore, the police has registered the offence of abatement to commit suicide against all three persons whose name has been mentioned in the suicidal note and whose name has been stated by the family members. The family members/complainant have made the statement that the present applicant and deceased Sanjay Ojha had entered into agreement for purchasing the land for a sum of Rs.70 lakhs and gave the advance of Rs.9,70,000/- to the deceased Sanjay Ojha but the sale deed could not be executed as such the applicant demanded the return of amount but he did not return and instead harassed the deceased Sanjay therefore, he committed suicide. Based on the same the Police registered the offences for abatement and extortion and sought to arrest the applicant. 3. Learned counsel for the applicant would submit that the applicant is innocent and has been falsely implicated in crime in question. It is further submitted that the deceased Sanjay Ojha was working as land broker and he entered into agreement with the 3 applicant on 21.12.2022 for sale of a land and obtained a sum of Rs. 2,95,000/- through account transfer but due to want of permission as well as due to non-availability of sell papers the sale deed was not executed. Thereafter another agreement was executed to sell the land in a sum of Rs. 70 lacs on 15.11.2025 and a total Rs.11,50,000/- was given to the deceased and the balance amount was agreed to be paid at the time of execution of the sale deed but the deceased did not execute the sale deed in favour of the applicant, as he had taken money from various persons for the same land. It is further submitted that no specific allegation has been levelled against the applicant in the suicide note and the handwriting of the applicant therein is also not proved. Therefore, the present applicant may be enlarged on anticipatory bail. 4. On the other hand, learned counsel for the objector vehemently opposes the bail application of the applicant and submits that the deceased entered into an agreement with the applicant and the co-accused Bachcha Khan for sale of a land in the year 2022 for a sum of Rs.70,00,000/- for which the deceased and the original land owners had received a total amount of Rs. 9,70,000/- from the applicant and the co-accused but one cheque for an amount of Rs. 2,50,000/-got dishonored but then also the deceased had even offered to the applicant to return the amount as he was in need of money and to sell the land elsewhere. However, the applicant and the co-accused Baccha Khan started threatening 4 the deceased and refused to execute sale deed or even to cancel the agreement. The deceased was being continuously threatened for being falsely implicated in criminal cases. Thereafter the deceased made a written complaint before the Superintendent of Police, Durg on 14.01.2026. The deceased had also sent a legal notice 'dated 06.02.2026 to the applicant and the co-accused to either execute a sale deed or to cancel the agreement and stop harassing the deceased. The deceased was continuously harassed, pestered, and threatened by the applicant and co-accused Baccha Khan through the mobile phone of co- accused Hulas Patel. The applicant and the co-accused persons had also started demanding an amount of ₹1 Crore from the deceased. Due to the continuous threats, harassment, and demands made by the applicant and the co-accused persons, the deceased was driven to take the extreme step of committing suicide. The deceased had also left behind a suicide note, wherein he had specifically mentioned the names of the applicant and the co-accused persons. The contents of the suicide note are further corroborated by the the contemporaneous conduct of the deceased, particularly his earlier written complaint submitted before Superintendent of Police, Durg, and the legal notice issued by him to the applicant and the co-accused persons. These documents demonstrate that the deceased had been consistently raising grievances regarding the threats, harassment, and conduct of the applicant and the co-accused 5 persons prior to his death. It is also submitted that the applicant has criminal antecedents and earlier also an offence was registered against the applicant for fraudulently selling land of one Harjinder Singh, by way of forged power of attorney, whereby on Jaswinder Kaur had impersonated herself as Manjeet Kaur(sister of Harjinder Singh). The anticipatory bail of the applicant was also rejected by this Court vide MCRCA No.351/2016 order dated 24.08.2016.The co-accused Baccha Khan has been convicted for commission of offence under Section 302 r/w 148 Indian Penal Code, 1860 vide judgment of conviction and order of sentence dated 13.3.2015 passed by learned Special Judge, Durg in Special Case No.25 of 2005. The conviction of Baccha Khan has been upheld by this Court in Criminal Appeal No. 639/2015, judgment dated 17.05.2019. Thereafter the applicant was granted bail by the Hon'ble Supreme Court on basis of period undergone by him vide order dated 26.07.2021. Therefore, under the aforesaid circumstances, the applicant may not be released on anticipatory bail. 5. Learned State counsel for the non-applicant/State, would oppose the bail application of the applicant and submit that on applicant’s harassment and instigation, the deceased has committed suicide and the suicide note has also been recovered, wherein the deceased has specifically mentioned the name of the applicant and other co-accused persons, as such the applicant has 6 committed a very serious offence, therefore, he may not be enlarged on anticipatory bail at this stage. 6. I have heard learned counsel for the parties and perused the case diary. 7. Considering the facts & circumstances of the case, nature of allegation levelled against the present applicant and further considering that there appears to be dispute between the applicant and the deceased regarding the money transaction consequent upon sale/purchase of land but the same cannot be the sole cause for instigation to commit suicide by the deceased and the same is a matter of trial and also for the fact that the handwriting of the suicide note has not been proved by the handwriting expert till now, whereas the incident is of 04.08.2026 i.e. even after a month, therefore, without commenting anything on merits, I am inclined to grant anticipatory bail to the applicant. 8. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Zafar Rashid Khan, on executing a personal bond for a sum of Rs.50,000/- and one surety in the like sum to the satisfaction of the arresting Officer, he shall be released on bail on the following conditions:- “(a) the applicant shall 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/her from disclosing such fact to the Court. 7 (b) the applicant shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) the applicant shall appear before the trial Court on each and every date given to him/her by the said Court till disposal of the trial. (d) the applicant and the surety shall submit a copy of his/her adhaar card along with a coloured postcard full size photo having printed the adhaar number on it, which shall be verified by the trial Court. (e) the applicant shall not involve himself/herself in any offence of similar nature in future.” Sd/- (Ravindra Kumar Agrawal) Judge Nirala