2026:CGHC:3066 NAFR NIKITA JAIN HIGH COURT OF CHHATTISGARH AT BILASPUR Digitally signed by NIKITA JAIN Date:

2026.01.20

17:27:49 +0530 MCRCA No. 101 of 2026

1 - Amit Kumar Mahilange S/o Gotilal Mahilange Aged About 35 Years R/o House No. 97, Ward No. 59, Dikshit Aata Chakki, Santoshi Nagar, Raipur, District Raipur (C.G.)

... Applicant versus

1 - State Of Chhattisgarh Through - P.S. City Kotwali Raipur, District Raipur (C.G.) (P.S. Completely Not Mentioned In Impugned Order)

... Non-applicant For Applicant : Mr. Vikas Kumar Pandey, Advocate.

For Non-applicant/State : Ms. Ankita Shukla, Panel Lawyer.

Hon'ble Mr. Ramesh Sinha, Chief Justice

Order On Board

19/01/2026

1.

This anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS, 2023’) has been filed by the applicant, who is apprehending his arrest in connection with Crime No.354/2025 registered at Police Station – City Kotwali, Raipur District – Raipur (C.G.) for the offence punishable under Section 108, 3(5) of BNSS, 2023.

2.

Prosecution case in brief is that on 04.12.2025, the informant, Saharatin Bai Chandra, discovered her son, Vasudev Chandra, deceased in his room at Shailendra Nagar. After he failed to respond to repeated knocks at approximately 10:30 AM, the door was breached, revealing that he had committed suicide by hanging from a ceiling fan using a plastic rope. Upon arriving at the scene, investigating officers recovered a handwritten "Request Letter" (suicide note) in red ink. The deceased’s family identified the handwriting as Vasudev’s dated 29.11.2025, the letter alleged that he was being blackmailed and extorted for significant sums—totaling approximately 17–20 lakh rupees by his wife, Aruna Chandra, and daughter, Harshita Chandra. He claimed he was being framed for property damage and saw no alternative but to end his life, specifically naming those responsible. Thereafter police investigated the matter and on the basis of suicide note, the police has registered FIR against the applicant and other co-

accused persons.

3.

Learned counsel for the applicant would submit that the applicant is innocent person and he has not committed any offence as alleged by the prosecution and he is falsely implicated in the present case. It is further submitted that the offence punishable under Section 108 of BNS is not made out against the applicant because there is no ingredient of Section 45 of BNS. It is contended further that the applicant was not having any relationship with the deceased person and he never met with the deceased. He further contended that after 18 days of incident, the present applicant has been implicated in this case on the basis of suicide note and there is no ingredient in the suicide note that the applicant has tortured the deceased. Therefore, he prays for grant of anticipatory bail to the present applicant.

4.

On the other hand, learned State counsel opposed the prayer for grant of anticipatory bail to the applicant.

5.

I have heard learned counsel for the parties and perused all of the documents taken on record.

6.

Considering the facts and circumstances of the case, and further taking into account that the present applicant was implicated after a delay of 18 days from the date of the incident solely on the basis of the suicide note, it is evident that the said suicide note does not disclose any ingredient or specific allegation suggesting that the applicant subjected the deceased to torture or harassment. In the absence of such material attributing culpable conduct to the applicant, and keeping in view the settled principles governing the exercise of inherent powers, I am inclined to extend the benefit of Section 482 of the Bharatiya Nagarik Suraksha Sanhita (B.N.S.S.) to the applicant.

7.

Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Amit Kumar Mahilange, on executing a personal bond with one surety in the like sum to the satisfaction of the arresting