ZAFAR RASHID KHAN vs STATE OF CHHATTISGARH

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CGHC010338702026 2026:CGHC:39075
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRCA No.1438 of 2026
1 - Zafar Rashid Khan S/o Shri Kamar Rashid Khan, Aged About 56
Years, R/o House No.112/113 Ward No.08 Ayyappa Nagar Bhilai, Near
Falaknuma Mosque Supela Bhilai, Distt. - Durg (C.G.) (Name And
Address Correctly Mention)
Applicant (s)
versus
1 - State Of Chhattisgarh Through Station House Officer, Police Station
- Nandani Nagar, Distt. - Durg (C.G.)
Respondent(s)
For Applicant (s) : Mr. Sunil Sahu, Advocate
For Respondent-State : Mr. Jitendra Shrivastava, GA
For Respondent-Objector : Ms. Aditi Singhvi, Advocate
Hon'ble Mr. Justice Ravindra Kumar Agrawal
Order on Board
03.09.2026
1. This first anticipatory bail application filed 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.267/2026 registered at Police Station Nandani Nagar,
Digitally
signed
by R
NIRALA

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District Durg (C.G.) for the offence punishable under Sections
108, 308 (5) & 3 (5) of BNS.
2. The prosecution case, in brief, is that the on 04.08.2026 the
deceased Sanjay Ojha committed suicide by jumping in the
Shivnath River so the merg intimation has been registered and
during merg enquiry a suicidal letter has been recovered by the
prosecution in which the name of applicant Zafar khan, Hulas
Patel, Bachcha Khan @ Zaid Mohammad is written therefore, the
police has registered the offence of abatement to commit suicide
against all three persons whose name has been mentioned in the
suicidal note and whose name has been stated by the family
members. The family members/complainant have made the
statement that the present applicant and deceased Sanjay Ojha
had entered into agreement for purchasing the land for a sum of
Rs.70 lakhs and gave the advance of Rs.9,70,000/- to the
deceased Sanjay Ojha but the sale deed could not be executed
as such the applicant demanded the return of amount but he did
not return and instead harassed the deceased Sanjay therefore,
he committed suicide. Based on the same the Police registered
the offences for abatement and extortion and sought to arrest the
applicant.
3. Learned counsel for the applicant would submit that the applicant
is innocent and has been falsely implicated in crime in question.
It is further submitted that the deceased Sanjay Ojha was
working as land broker and he entered into agreement with the

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applicant on 21.12.2022 for sale of a land and obtained a sum of
Rs. 2,95,000/- through account transfer but due to want of
permission as well as due to non-availability of sell papers the
sale deed was not executed. Thereafter another agreement was
executed to sell the land in a sum of Rs. 70 lacs on 15.11.2025
and a total Rs.11,50,000/- was given to the deceased and the
balance amount was agreed to be paid at the time of execution of
the sale deed but the deceased did not execute the sale deed in
favour of the applicant, as he had taken money from various
persons for the same land. It is further submitted that no specific
allegation has been levelled against the applicant in the suicide
note and the handwriting of the applicant therein is also not
proved. Therefore, the present applicant may be enlarged on
anticipatory bail.
4. On the other hand, learned counsel for the objector vehemently
opposes the bail application of the applicant and submits that the
deceased entered into an agreement with the applicant and the
co-accused Bachcha Khan for sale of a land in the year 2022 for
a sum of Rs.70,00,000/- for which the deceased and the original
land owners had received a total amount of Rs. 9,70,000/- from
the applicant and the co-accused but one cheque for an amount
of Rs. 2,50,000/-got dishonored but then also the deceased had
even offered to the applicant to return the amount as he was in
need of money and to sell the land elsewhere. However, the
applicant and the co-accused Baccha Khan started threatening

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the deceased and refused to execute sale deed or even to cancel
the agreement. The deceased was being continuously
threatened for being falsely implicated in criminal cases.
Thereafter the deceased made a written complaint before the
Superintendent of Police, Durg on 14.01.2026. The deceased
had also sent a legal notice 'dated 06.02.2026 to the applicant
and the co-accused to either execute a sale deed or to cancel the
agreement and stop harassing the deceased. The deceased was
continuously harassed, pestered, and threatened by the applicant
and co-accused Baccha Khan through the mobile phone of co-
accused Hulas Patel. The applicant and the co-accused persons
had also started demanding an amount of ₹1 Crore from the
deceased. Due to the continuous threats, harassment, and
demands made by the applicant and the co-accused persons, the
deceased was driven to take the extreme step of committing
suicide. The deceased had also left behind a suicide note,
wherein he had specifically mentioned the names of the applicant
and the co-accused persons. The contents of the suicide note
are further corroborated by the the contemporaneous conduct of
the deceased, particularly his earlier written complaint submitted
before Superintendent of Police, Durg, and the legal notice
issued by him to the applicant and the co-accused persons.
These documents demonstrate that the deceased had been
consistently raising grievances regarding the threats,
harassment, and conduct of the applicant and the co-accused

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persons prior to his death. It is also submitted that the applicant
has criminal antecedents and earlier also an offence was
registered against the applicant for fraudulently selling land of
one Harjinder Singh, by way of forged power of attorney,
whereby on Jaswinder Kaur had impersonated herself as
Manjeet Kaur(sister of Harjinder Singh). The anticipatory bail of
the applicant was also rejected by this Court vide MCRCA
No.351/2016 order dated 24.08.2016.The co-accused Baccha
Khan has been convicted for commission of offence under
Section 302 r/w 148 Indian Penal Code, 1860 vide judgment of
conviction and order of sentence dated 13.3.2015 passed by
learned Special Judge, Durg in Special Case No.25 of 2005. The
conviction of Baccha Khan has been upheld by this Court in
Criminal Appeal No. 639/2015, judgment dated 17.05.2019.
Thereafter the applicant was granted bail by the Hon'ble
Supreme Court on basis of period undergone by him vide order
dated 26.07.2021. Therefore, under the aforesaid circumstances,
the applicant may not be released on anticipatory bail.
5. Learned State counsel for the non-applicant/State, would oppose
the bail application of the applicant and submit that on applicant’s
harassment and instigation, the deceased has committed suicide
and the suicide note has also been recovered, wherein the
deceased has specifically mentioned the name of the applicant
and other co-accused persons, as such the applicant has

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committed a very serious offence, therefore, he may not be
enlarged on anticipatory bail at this stage.
6. I have heard learned counsel for the parties and perused the
case diary.
7. Considering the facts & circumstances of the case, nature of
allegation levelled against the present applicant and further
considering that there appears to be dispute between the
applicant and the deceased regarding the money transaction
consequent upon sale/purchase of land but the same cannot be
the sole cause for instigation to commit suicide by the deceased
and the same is a matter of trial and also for the fact that the
handwriting of the suicide note has not been proved by the
handwriting expert till now, whereas the incident is of 04.08.2026
i.e. even after a month, therefore, without commenting anything
on merits, I am inclined to grant anticipatory bail to the applicant.
8. Accordingly, the instant MCRCA is allowed and it is directed that
in the event of arrest of the applicant – Zafar Rashid Khan, on
executing a personal bond for a sum of Rs.50,000/- and one
surety in the like sum to the satisfaction of the arresting Officer,
he shall be released on bail on the following conditions:-
“(a) the applicant 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/her from disclosing such fact to the
Court.

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(b) the applicant shall not act in any manner which will
be prejudicial to fair and expeditious trial.
(c) the applicant shall appear before the trial Court on
each and every date given to him/her by the said
Court till disposal of the trial.
(d) the applicant and the surety shall submit a copy of
his/her 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) the applicant shall not involve himself/herself in
any offence of similar nature in future.”
Sd/-
(Ravindra Kumar Agrawal)
Judge
Nirala