Extracted from the PDF above. The PDF is authoritative.
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CGHC010336812026
2026:CGHC:39749
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1454 of 2026 Bharat Yadav S/o Onkar Yadav Aged About 28 Years R/o Village Dhodhagaon, Ward No. 03, Police Station Sitapur, District Sarguja Chhattisgarh
... Applicant Versus State Of Chhattisgarh Through Station House Officer, Police Station Sitapur, District Sarguja Chhattisgarh
... Respondent(s)
For Applicant : Mr. Divyansh Shukla, Advocate For State : Dr. Surendra Kumar Dewangan, P.L.
HON'BLE SHRI JUSTICE PARTH PRATEEM SAHU
ORDER ON BOARD
10.09.2026
1. This first anticipatory bail application 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. 262/2026 registered at Police Station – Sitapur, District – Sarguja (C.G.) for the offences punishable under Sections 108 and 3 (5) of BNS. PAWAN KUMAR JHA Digitally signed by PAWAN KUMAR JHA
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2. As per the prosecution case, on 25.12.2025, at about 08:00 p.m., a phone call from Bharat Yadav was received on the mobile phone of the deceased, during which the applicant also allegedly threatened the deceased. On the following day, i.e., 26.12.2025, at about 05:00 p.m., the family members found Dinesh Gupta hanging, and he had died. The incident was reported to the police, pursuant to which a crime was registered against five persons, including the applicant. Hence, the present application for anticipatory bail.
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Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the crime. He submits that Omkar Yadav, father of the applicant, was in custody in connection with another offence from 22.02.2018 to 19.07.2018 and thereafter from 09.08.2024 to 24.10.2025. Upon being released from custody, when the father of the applicant visited the society, he was informed that a loan had been taken in his name. According to the applicant, the said loan pertains to the period during which his father was in jail. Therefore, the applicant as well as his father objected to the said loan and asked the deceased to repay the same. It is contended that the aforesaid act on the part of the applicant would not constitute the offence alleged against him. It is, therefore, prayed that the applicant may be extended the
3 benefit of anticipatory bail. 4. On the other hand, learned State counsel opposes the submission and would submit that there is ample material in the case diary to show that the applicant has committed the offence as registered against him. He contends that, according to the statement of the son of the deceased, just before the incident of commission of suicide by Dinesh Gupta, a phone call was received by him from the phone of the applicant. However, upon putting a specific query as to whether the phone of the deceased was seized or any call detail was collected by the investigating officer, he submits that no such material is available in the case diary. When a further question is posed to learned counsel for the State as to whether the deceased had lodged any report with any of the authorities with regard to the threat and demand of money made by the applicant or his father, he submits that there is no such document available on record. 5. I have heard learned counsel for the parties and perused the material available on record. 6. Taking into consideration the facts and circumstances of the case, the nature of the allegations, the submission of counsel for the parties, without commenting anything on the merits of the case, I am inclined to allow this application. 4
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Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Bharat Yadav, on executing a personal bond and one local surety in the like sum to the satisfaction of the arresting Officer, he shall be released on bail on the following conditions:- (a) he 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 from disclosing such fact to the Court. (b) he shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) he shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial. (d) the applicant and the surety shall submit a copy of his 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) he shall not involve themselves in any offence of similar nature in future. Sd/- (Parth Prateem Sahu)
JUDGE Saurabh