DEVSHARAN NISHAD vs STATE OF CHHATTISGARH

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CGHC010335962026 2026:CGHC:38892
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRCA No.1428 of 2026
Devsharan Nishad S/o Shri Tiharu Ram Nishad Aged About 32
Years R/o Village Ratakat, Police Station Arang, District Raipur,
Chhattisgarh ... Applicant
versus
State Of Chhattisgarh Through Police Station Arang, District
Raipur, Chhattisgarh . ... Non-applicant
For Applicant : Mr. Virendra Kashyap, Advocate.
For Non-applicant/State : Mr. Sourabh Sahu, PL.
Hon'ble Shri Ramesh Sinha, Chief Justice
Order On Board
02.09.2026
1.
The Applicant has preferred this anticipatory bail application
under Section 482 of the Bharatiya Nagarik Suraksha
Sanhita, 2023 for grant of Anticipatory Bail, apprehending his
SISTLA
NEELIMA
VISHNU
PRIYA
arrest in connection with Crime No.380/2026, registered at
Digitally signed by
SISTLA NEELIMA
VISHNU PRIYA
Date: 2026.09.03
10:58:34 +0530

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Police Station – Aarang, District Raipur (C.G.) for alleged
commission of offence punishable under Section 108 of BNS.
2. The prosecution case, in brief, is that the Applicant and the
deceased were married in April, 2018 according to Hindu rites
and customs and had two children from their wedlock. On
the intervening night of 02.04.2026 and 03.04.2026, between
10:30 p.m. and 6:00 a.m., the deceased allegedly committed
suicide by hanging. On receiving information from the
Applicant’s father, Marg No.49/2026 was registered at Police
Station Arang, followed by preparation of the inquest report
and post-mortem examination of the deceased. A suicide note
allegedly written by the deceased prior to her death was
seized from the spot and has been sent for examination by a
handwriting expert. During the course of the merg inquiry,
statements of the family members of the deceased were
recorded and the contents of the suicide note were also taken
into consideration. Based on these allegations, the present
FIR was registered against the Applicant for the offence
punishable under the aforementioned Section. Hence, this
application.
3. Learned Counsel for the Applicant submits that the Applicant
is innocent and has been falsely implicated in the present

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case. It is submitted that the deceased committed suicide on
the intervening night of 02.04.2026 and Marg No.49/2026
was immediately registered, followed by inquest and post-
mortem, whereas the FIR under Section 108 of the BNS was
registered only on 16.08.2026, after a delay of more than four
months. It is further submitted that the prosecution case is
primarily based upon the statements of the relatives of the
deceased and the alleged suicide note, which has already
been seized and sent for handwriting examination and the
Applicant was not present at the place of occurrence when
the deceased allegedly committed suicide. He further
submits that the allegations are essentially of matrimonial
discord, harassment and dowry demand, without any specific
or proximate act of instigation or intentional aid attributable to
the Applicant and the Applicant has no criminal antecedents.
It is also submitted that the Applicant's first anticipatory bail
application was rejected by the learned Third Additional
Sessions Judge, Raipur vide order dated 21.08.2026 and the
said fact has been duly disclosed in the present application
and therefore, considering the facts and circumstances of the
case, the Applicant may be granted anticipatory bail.
4. Per contra, learned State Counsel opposes the bail
application and submits that the suicide note left by the

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deceased specifically attributes allegations of continuous
harassment, abusive behaviour, physical assault and
demands relating to dowry and other articles against the
Applicant and further alleges that the Applicant had extra
marital affair and he used to insult and humiliate her and her
family, which ultimately drove her to take the extreme step,
thereby prima facie disclosing the Applicant’s involvement in
the alleged offence.
5.
I have heard learned counsel for the parties and perused the
material available on record.
6.
Considering the submissions advanced by learned Counsel
for the parties, the material available in the case diary, the
specific allegations contained in the suicide note regarding
extra-marital affair, repeated harassment, use of abusive
language, physical assault and taunts by the Applicant in
relation to the articles and financial assistance given by the
deceased’s parents and further considering the allegations of
insult and humiliation meted out to the deceased, without
commenting anything further on the merits of the case, this
Court is not inclined to grant anticipatory bail to the Applicant.
7. Accordingly, the Anticipatory Bail application of the Applicant
– Devsharan Nishad , filed under Section 482 of the BNSS,

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2023 in connection with Crime No.380/2026, registered at
Police Station – Aarang, District Raipur (C.G.) for alleged
commission of offence punishable under Section 108 of BNS
is hereby rejected .
8.
Office is directed to provide a certified copy of this order to
the trial Court concerned for necessary information.
Sd/-
(Ramesh Sinha)
Chief Justice
Priya