1 CGHC010342032026 2026:CGHC:41086 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8378 of 2026 Prakash Golcha S/o Late Vijaylal Golcha Aged About 62 Years R/o Shanti Vijay Apartment Phase 01, Ganj Chowk Ps Kotwali, District- Rajnandgaon (C.G.) ... Applicant versus State Of Chhattisgarh Through Police Station- Kotwali, District- Rajnandgaon (C.G.) ... Respondent (Cause title taken from Case Information System) For Applicant : Mr. Kishore Bhaduri, Senior Advocate along with Mr. Khulesh Sahu, Advocate For Respondent/State : Mr. Rishi Raj Pithawa, Deputy G.A. Hon'ble Shri Justice Ravindra Kumar Agrawal Order on Board 21/09/2026 1. This is the first bail application of the applicant under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail. The applicant has been arrested on 01.12.2023 in connection with Crime No. 879/2023 registered at Police Station Kotwali, District Rajnandgaon (C.G.) for the offences punishable under Sections 302, 201, 120-B, 34 of the Indian Penal Code. VED PRAKASH DEWANGAN Digitally signed by VED PRAKASH DEWANGAN Date: 2026.09.23 18:50:22 +0530 2 2. The case of the prosecution is that, on 22.11.2023 at about 08:00 a.m., Police Station Kotwali, Rajnandgaon received an intimation regarding a dead body lying near Parrinala. On the intimation given by Ranjandas Sahu, Upsarpanch, Parrinala, an unnumbered Merg intimation was recorded. A suicidal note written on stamp paper was seized from the dead body, which was identified as that of Suresh Kumar Joshi. In the post-mortem examination, the doctor kept his opinion pending for chemical analysis and, after receipt of the FSL report, opined that the cause of death was due to organophosphorus insecticide with chlorpyrifos and pyrethroid insecticide poisoning. During the Merg enquiry, on 24.11.2023, a complaint was received from Gyanchand Bafna, which had been delivered by an auto driver, namely, Afzal Khan. Upon interrogation, Afzal Khan disclosed that the said envelope had been given to him by co-accused Nitesh and his friend for delivery to Gyanchand Bafna. After merg inquiry, an offence under Sections 302, 201, 120-B and 34 of the IPC was registered and investigation was taken up. The memorandum statements of the accused persons were recorded, wherein it was disclosed that present applicant Prakash Golcha had prepared a plan to blackmail Gyanchand Bafna and Sagar Chitlangya by committing the murder of deceased Suresh Joshi by poisoning him after obtaining a suicide note from him at the farmhouse of present applicant Prakash Golcha. In furtherance of the said plan, co-accused Pemendra arranged the insecticide. On 21.11.2023, co-accused Pemendra took deceased Suresh Joshi to the farmhouse of the present applicant Prakash Golcha on his motorcycle, where the applicant Prakash Golcha and co-accused Manish Khutel and Dayaram Sahu had also reached in 3 the Swift Dzire car of Prakash Golcha. They obtained a suicide note from the deceased and force-fed him insecticide through a cold drink. Thereafter, Prakash Golcha left the place. On the following day, he again came to his farmhouse, took the dead body of the deceased in his car and threw it near Parrinala. During investigation, the bottle of insecticide, motorcycle, mobile phone, nylon rope, cold drink bottle, suicide note and Swift vehicle were seized and the accused persons were arrested. The CDR and SDR of the mobile phones of the accused persons were obtained and, after completion of investigation, charge-sheet has been filed. 3. Learned Senior Advocate appearing for the applicant would submit that there is no evidence against the present applicant which prima facie establishes his involvement in the offence in question. There is no nexus between the death of the deceased and any act attributable to the present applicant, and he is nowhere connected with the commission of the offence. It is further submitted that there is no evidence to show that the applicant accompanied the deceased at the relevant point of time. He would also submit that an improbable story has been developed by the prosecution only to implicate the present applicant in the offence. It is submitted that, about two days after the death of the deceased, a letter was allegedly delivered to Gyanchand Bafna in connection with an alleged attempt to extort money from him. Learned Senior Advocate would further submit that the alleged suicide note seized from the dead body does not disclose the involvement of the applicant. There is also no evidence indicating any meeting of minds or conspiracy on the part of the applicant to commit the murder of the deceased. Further, there was no motive for 4 the applicant to commit the murder. It is submitted that even if it is assumed that the deceased was murdered by the other accused persons or that insecticide was administered to him, there is no material connecting the present applicant with such acts, as the applicant was neither related to nor interested in Gyanchand Bafna or Sagar Chitlangya or any other person concerned with the alleged offence. No incriminating article has been seized from the present applicant. The dead body was found near the river in an open place and cause of death was found to be poisoning. Except from the memorandum of co-accused persons, there is no other incriminating material available in the charge sheet. The applicant is aged about 62 years and is in jail since 01.12.2023 i.e. for more than 2 ½ years. Out of 37 witnesses, only 13 witnesses have been examined and the trial of the case will take its own time. The witnesses who have been examined before the learned trial Court have not duly supported the prosecution’s case and nothing come in their evidence against the present applicant. Considering the age and detention period as also the nature of allegation and evidence against the present applicant, he may be released on bail. 4. Per contra, learned counsel for the State has opposed the bail application and submitted that the present case involves a conspiracy to commit murder. It is submitted that, in a case of conspiracy, direct or express involvement of each accused is not necessarily available, as such conspiracies are generally hatched in secrecy. On 24.11.2023, Gyanchand Bafna received a letter from Afzal Khan, which was sent to him by co-accused Nitesh and his friend. On the basis of disclosure of co-accused Nitesh, when the 5 other co-accused Pemendra, Manish Khuntel and Dayaram Sahu were interrogated, they disclosed their conspiracy with the present applicant and have stated that the present applicant Prakash Golcha had prepared a plan to commit murder of the deceased and he prepared the plan. In furtherance of their plan, Pemendra arranged insecticide, he took the deceased on his motorcycle to the farmhouse of present applicant Prakash Golcha, where the other accused persons also came through Swift Dzire car of the present applicant. They obtained suicide note from Suresh Joshi and force-fed the insecticide through cold drink and he left the place. The other accused persons executed the plan and on the next day the present applicant with the help of other accused persons took the dead body in his car and threw it near Parrinala. He would also submit that the bail application of co-accused Nitesh Sen has been dismissed on merit by this Court on 04.12.2024 in MCRC No. 5038 of 2024 and the second bail application of the applicant Nitesh Sen has also been dismissed as withdrawn on 04.12.2025 in MCRC No. 9921 of 2025. The trial of the case is in progress and out of 37 witnesses, 13 witnesses have been examined and as per the order-sheets of the learned trial Court 07 witnesses have been given up and thus the trial is at its advance stage. The applicant is having 02 criminal antecedents of Crime No. 171/2010, registered at police station Kotwali, Rajnandgaon under Sections 120, 406, 467, 468, 471 of IPC and Crime No. 155/2022, registered at police station Kotwali, Rajnandgaon for the offence under Sections 3, 4, 5 and 7 of the Immoral Traffic (Prevention) Act, 1956. The sufficient evidence including CDR and SDR, statement of the witnesses are there in the 6 charge sheet, suicide note have also been seized by the police and looking to the manner in which the accused persons conspired to commit murder of the deceased and executed their plan, gravity of the offence, the applicant is not entitled to be released on bail. 5. I have heard learned counsel for the parties and perused the case diary and documents annexed with the bail application. 6. Upon consideration of the submissions made by learned counsel for the parties, the case diary and the material available on record, this Court finds that the prosecution has alleged a specific role of the present applicant in the conspiracy to commit the murder of deceased Suresh Kumar Joshi. The material collected during investigation, including the memorandum statements of the co- accused persons, seizure of the Swift Dzire vehicle allegedly belonging to the applicant, the suicide note, insecticide bottle, mobile phones and other articles, coupled with the CDR/SDR and the statements of witnesses, prima facie indicates the involvement of the applicant in the alleged conspiracy and subsequent disposal of the dead body. The allegation is not confined merely to the presence of the applicant at the farmhouse, but is that the deceased was brought to the farmhouse of the applicant pursuant to the alleged plan, where insecticide was administered to him, and thereafter the dead body was transported in the vehicle of the applicant and thrown near Parrinala. The contention that the prosecution case rests only upon the memorandum statements of the co-accused cannot be examined in isolation at this stage, particularly when other incriminating circumstances and materials regarding conspiracy are stated to be 7 available on record. Though the applicant is in custody since 01.12.2023 and 13 out of 37 witnesses have been examined, the trial is stated to be at an advanced stage, with 07 witnesses having already been given up, and therefore, the period of detention, by itself, does not furnish sufficient ground for release on bail considering the nature and gravity of the offence and the material collected against the applicant. The fact that the co-accused Nitesh Sen has not been granted bail on merits by this Court also requires consideration. Having regard to the gravity of the offence, the nature of allegations, the prima facie material available against the applicant and the stage of the trial, this Court is not inclined to enlarge the applicant on bail. 7. Accordingly, the bail application filed by the applicant Prakash Golcha is hereby rejected. 8. Considering the period of detention of the applicant, the learned trial Court is directed to make all his endeavors to expedite the trial of the case. Sd/- (Ravindra Kumar Agrawal) Judge ved