1 CGHC010319262026 2026:CGHC:39713 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7707 of 2026 Rajesh Banjara S/o Late Shyam Lal Banjara Aged About 24 Years Residing At Tildega Chhotkipara, Ps Pathalgaon District Jashpur (C.G.) And Present Residing At Village Karmitikra Fuleta Ps Pathalgaon District Jashpur (C.G.) ... Applicant versus State of Chhattisgarh Through Police Station- Pathalgaon District- Jashpur (C.G.) ... Non-applicant For Applicant : Mr. Dinesh Yadav, Advocate For Non-applicant/State : Mr. Afroz Khan, Panel Lawyer Hon'ble Shri Rakesh Mohan Pandey, Judge Order on Board 10.09.2026 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. 94/2026 registered at Police Station – Pathalgaon, District- Jashpur (C.G.) for the offence under Section 108 of the Bharatiya Nyaya Sanhita, 2023. 2. According to the prosecution case, in brief, the informant, Fateram Banjara, lodged an FIR on 07.05.2026 at Police Station Pathalgaon RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 stating that the parents of the deceased, Sharda Banjara, had expired and that she was residing with him. On 19.04.2026, after serving food to the informant’s wife, Tara, the deceased went outside at about 8:30 p.m., kept the utensils in the courtyard and thereafter went inside the house. At about 1:00 a.m., Tara went inside the house and found Sharda Banjara hanging from a wooden structure with a plastic rope. It is alleged that the deceased had committed suicide. It is further alleged that the deceased was in a love relationship with the applicant/accused, Rajesh Banjara, who used to demand money from her and, when she was unable or unwilling to provide the same, subjected her to physical and mental harassment. On the basis of the aforesaid allegations, Crime No. 94/2026 was registered at Police Station Pathalgaon for the offence punishable under Section 108 of the Bharatiya Nyaya Sanhita, 2023, corresponding to Section 306 of the Indian Penal Code, 1860. The applicant was arrested on 29.05.2026. Hence, the present bail application. 3. Learned counsel for the applicant would submit that the applicant is innocent and has been falsely implicated on the basis of general and vague allegations, and there is no direct or specific allegation or legally admissible material showing that the applicant instigated, aided or intentionally provoked the deceased to commit suicide. It is submitted that the applicant and the deceased were in a love relationship and intended to marry each other, which was not approved by the uncle and aunt of the deceased. On the date of the incident, upon learning that they were arranging the deceased’s 3 marriage elsewhere, the applicant contacted her over phone and, thereafter, went to her house to meet her, but was not permitted to meet her and returned home. The allegation regarding demand of money and harassment is vague and does not disclose any specific amount, date, place or manner of such demand, nor is there any call record, message or other electronic material indicating instigation or abetment. It is further submitted that the alleged suicide note does not contain the name of the applicant or attribute any act of harassment, threat, monetary demand or instigation to him. He further submits that the applicant has no previous criminal antecedents. He also submits that the charge-sheet has been submitted before the competent Court, and he is in jail since 29.05.2026 and conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, learned State counsel opposes the bail application of the present applicant and submits that the deceased was in a love relationship with the applicant, who used to demand money from her and, upon failure to meet his demands, subjected her to physical and mental harassment, which allegedly drove her to take the extreme step of committing suicide. Therefore, he prays that the present applicant is not entitled for grant of bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, the nature of allegations, the material available on record, and further the fact that, for constituting the offence of abetment of suicide, there must 4 be a clear act of instigation, intentional aid or a positive act having a direct and proximate nexus with the commission of suicide. In the present case, there is no direct or specific allegation of instigation or abetment against the applicant, and the statement of the deceased also does not attribute any specific act of instigation to him, and also considering the fact that in the present bail application, the charge- sheet has been filed before the competent Court, the applicant has no previous criminal antecedent, and he is in jail since 29.05.2026 and conclusion of the trial may take some time, therefore, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the bail application of the applicant is allowed. Let the Applicant – Rajesh Banjara, involved in Crime No. 94/2026 registered at Police Station – Pathalgaon, District- Jashpur (C.G.) for the offence under Section 108 of the Bharatiya Nyaya Sanhita, 2023, 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 cause, the trial court may proceed against him under 5 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/- (Rakesh Mohan Pandey) Judge Rahul Dewangan