1 CGHC010210552026 2026:CGHC:39866 NAFR HIGH COURT of CHHATTISGARH AT BILASPUR CRA No. 1437 of 2026 Mahendra Kumar Gupta S/o Shri Rajkumar Gupta Aged About 31 Years R/o Village Semijor, P.S. Tamnar, Distt Raigarh Chhattisgarh (Name of Father Is Correctly Mentioned). ... Appellant versus State of Chhattisgarh Through The Station House officer, Police Station Tamnar, District Raigarh Chhattisgarh. ... Respondent For Appellant : Mr. Rajendra Patel, Advocate For Respondent : Mr. Rishikesh Sharma, Panel Lawyer Hon’ble Shri Justice Rakesh Mohan Pandey Order on Board 11/09/2026 1. The appellant has preferred this Criminal Appeal under Section 14-A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (in short, “the SC/ST Act”), seeking to set aside the order dated 11.05.2026 passed by the Special Judge, SC/ST Act (Atrocities), Raigarh (C.G.), whereby the regular bail application filed by the appellant under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (in short, “the BNSS”), in connection with Crime No. 51/2026 registered at Police Station- Tamnar, District- Raigarh (C.G.), for the Digitally signed by NADIM MOHLE 2 offences punishable under Section 108 of the Bharatiya Nyaya Sanhita, 2023 (in short, “the BNS”) and Section 3(2)(v-a) of the SC/ST Act, has been rejected. 2. The prosecution case, in brief, is that on 07.02.2026, a merg intimation regarding the unnatural death of Smt. Vedkumari Kalanga was registered at Police Station Tamnar. During the merg inquiry, the police recovered a suicide note and obtained an audio recording from the deceased’s husband. It was also revealed that the appellant was allegedly in possession of an audio recording of a conversation between the deceased and one Meghnath and he used to blackmail the deceased. On the basis of these allegations, an FIR was registered against the appellant for the offence punishable under Section 108 of the BNS. During the course of investigation, it was found that the deceased belonged to a Scheduled Tribe community. Consequently, her caste certificate was seized and Section 3(2)(v-a) of the SC/ST Act was added. Upon completion of the investigation, a charge-sheet was filed against the appellant. 3. Learned counsel for the appellant would submit that, out of 16 witnesses, only six witnesses have been examined before the learned trial Court, and only four witnesses have supported the prosecution case. The suicide note was never sent to any handwriting expert for examination. He would further submit that the appellant is in custody 3 since 09.03.2026. He would contend that the ingredients of Section 45 of the BNS are not attracted in the present case, as the appellant neither abetted nor instigated the deceased to commit suicide. There is no nexus between the suicide committed by the deceased and any act of the appellant; thus, he would pray that the appeal may be allowed. 4. On the other hand, learned counsel appearing for the State would oppose the submissions made by learned counsel for the appellant and submit that the appellant was in possession of an audio recording of the conversation between the deceased and one Meghnath. The appellant used to blackmail the deceased for a long period, and this fact is evident from the suicide note seized by the police. He would further contend that, out of the six witnesses examined so far, only two witnesses have not supported the prosecution case, while ten witnesses are yet to be examined. He would submit that there is prima facie material available against the appellant and, therefore, the appeal deserves to be dismissed. 5. Despite service of notice, none appeared on behalf of the victim/complainant. 6. Heard learned counsel for the parties and perused the case diary. 7. Having considered the fact that four witnesses have supported the prosecution case, while two witnesses have not supported the prosecution case; ten witnesses are yet to be examined; the appellant 4 was allegedly in possession of an audio recording of the conversation between the deceased and one Meghnath and the ingredients of Section 45 of the BNS are prima facie attracted, I am not inclined to interfere with the order passed by the learned Court below. Accordingly, the instant appeal is hereby dismissed. Sd/- Rakesh Mohan Pandey JUDGE Nadim