DURYODHAN SAHARE @ ABHAY SAHARE vs STATE OF CHHATTISGARH

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CGHC010381782026 2026:CGHC:45105
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 9158 of 2026
1 - Duryodhan Sahare @ Abhay Sahare S/o Shri Lakhan Sahare Aged About 31
Years R/o Village Kariyatola, Police Station - Dongargaon, District Rajnandgaon
Chhattisgarh ... Applicant(s)
versus
1 - State Of Chhattisgarh Through Station House Officer Police Station Dongargaon,
District Rajnandgaon Chhattisgarh ... Respondent(s)
For Applicant (s) : Mr. Ratnesh Kumar Agrawal, Advocate
For Respondent(s)/State : Ms. Sameeksha Gupta, P.L.
Hon'ble Mr. Justice Rakesh Mohan Pandey
Order on Board
26.10.2026
1. The applicant has preferred this First Bail Application under Section 483
of the BNSS, 2023 for grant of regular bail, as he has been arrested in
connection with Crime No. 239/2026, registered at Police Station
Dongargaon, District Rajnandgaon (C.G.) for the offence punishable
under Sections 108 of BNS.
2. The case of the prosecution, in brief, is that on 25.04.2026, information
was received that the applicant's wife had committed suicide by
hanging herself in her bedroom. During the merg enquiry, the father of
the deceased produced an alleged suicide note and the statements of

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the relatives and other witnesses were recorded. During investigation,
it surfaced that the applicant was allegedly maintaining an illicit
relationship with another woman, on account of which frequent
matrimonial disputes used to take place between the applicant and the
deceased. It is further alleged that on the date of the incident there was
a telephonic quarrel between the applicant and the deceased,
immediately whereafter the deceased committed suicide. Pursuant to
the said report, the offences, as stated above, were registered against
the applicant.
3. Learned counsel appearing for the applicant would submit that there
was no abetment on the part of the applicant. He would further submit
that, as mentioned in the suicide note, there were frequent quarrels
between the husband and wife, and the deceased had also alleged
that the present applicant had tried to commit her murder. He would
contend that the suicide note does not disclose any allegation
constituting abetment within the meaning of Section 45 of the BNS. He
would also submit that the charge-sheet has already been filed, the
applicant has no criminal antecedents, and he is in jail since
18.08.2026. He, therefore, prays for grant of bail to the applicant.
4. On the other hand, learned State Counsel would oppose the bail
application and submit that there were frequent quarrels between the
husband and wife on account of the applicant's alleged relationship
with another woman. She would further submit that the deceased has
made serious allegations against the present applicant in the suicide
note. She, therefore, prays for rejection of the bail application.
5. I have heard learned counsel for the parties and perused the case

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diary.
6. Taking into consideration the facts and circumstances of the case,
particularly the fact that the ingredients of Section 45 of the BNS do not
appear to be made out, as no specific act of abetment to commit
suicide is prima facie disclosed, and further considering that the
applicant has no criminal antecedents, has been in custody since
18.08.2026, the charge-sheet has already been filed, and the
conclusion of the trial is likely to take some time, I am inclined to grant
bail to the present applicant. Accordingly, the bail application is
allowed .
7. Let applicant be released on bail on furnishing a personal bond of Rs.
50,000/- with one surety in the like sum to the satisfaction of the court
concerned with the following conditions:-
(i) The applicant shall file an undertaking to the effect that
he shall not seek any adjournment on the dates fixed for
evidence when the witnesses are present in court. In case
of default of this condition, it shall be open for the trial court
to treat it as abuse of liberty of bail and pass orders in
accordance with law.
(ii) The applicant shall remain present before the trial court
on each date fixed, either personally or through his
counsel. In case of his absence, without sufficient cause,
the trial court may proceed against him under Section 269
of Bharatiya Nyaya Sanhita.
(iii) In case, the applicant misuses the liberty of bail during
trial and in order to secure his presence, proclamation
under Section 84 of BNSS is issued and the applicant fails
to appear before the court on the date fixed in such
proclamation, then, the trial court shall initiate proceedings
against him, in accordance with law, under Section 209 of
the Bharatiya Nyaya Sanhita.
(iv) The applicant shall remain present, in person, before
the trial court on the dates fixed for (i) opening of the case,
(ii) framing of charge and (iii) recording of statement under
Section 351 of BNSS. If in the opinion of the trial court
absence of the applicant is deliberate or without sufficient

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cause, then it shall be open for the trial court to treat such
default as abuse of liberty of bail and proceed against him
in accordance with law.
Sd/-
(Rakesh Mohan Pandey)
Judge
Jyoti