1 2025:CGHC:55913 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8231 of 2025 Akash Tiwari S/o Harishankar Tiwari Aged About 30 Years R/o Shardapur, Police Station Trikunda, District Balrampur-Ramanujganj Chhattisgarh ... Applicant versus State Of Chhattisgarh Through S H O, Police Station Trikunda, District Balrampur-Ramanujganj Chhattisgarh ... Non-applicant For Applicant : Mr. Sanjay Pathak, Advocate. For Non-applicant/State : Ms. Vaishali Mahilong, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 17.11.2025 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 43/2025, registered at Police Station – Trikunda District – Balrampur (C.G.) for the offence punishable under Sections 296, 351(2), 115(2), 118(1), 118(2), 127(3), 82(1), 85 & 287 read with Section 3(5) of the BNS. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.11.18 12:38:25 +0530 2 2. The prosecution story in brief is that, a complaint lodged by the complainant Ritu Tiwari (wife of the applicant) alleging in it that her marriage was solemnized in the year 2016 along with applicant and they are having two children. It is alleged that the applicant soon after the marriage, ill-treated the complainant on the name of demand of dowry and she lodged the report at Police Station Raghunathpur and the matter was compromised and thereafter she used to resides along with husband. It is further alleged that in the year 2021, her husband without obtaining her consent used to resides along with one Shradha Mishra and they are having a child aged about one and half year. On 03-07-2025 at about 11.00 PM, the applicant and his mother and father assaulted the complainant with hand and fist and ill-treated her on account of which, she received severe injuries. They also burnt her and they isolated in a room from 03-07-2025 to 12-07-2025 and on 12-07-2025, she informed to her parents and thereafter the FIR was lodged against the applicant and his mother and father and the applicant has been arrested for the commission of alleged offences. 3. Learned counsel for the applicant submits that the present applicant is innocent persons and has been falsely implicated in the aforesaid case. He further submits he has not acted in the manner alleged by the prosecution, and the story narrated by the complainant is concocted. Prior to the lodging of the present FIR, the applicant Akash Tiwari had already submitted a complaint on 13.07.2025 at Police Station Trikunda, stating that the complainant used to talk to other boys on her mobile phone, which caused quarrels between them, and specifically mentioned that on the intervening night of 02.07.2025, she 3 was found talking to an unknown person and quarreled when questioned, however, the police only issued an NCR dated 13.07.2025 without registering any offence. Despite this prior complaint, the same police station later registered an offence against the applicant without verifying the true facts. The applicant has been in jail since 19.07.2025, and although the charge-sheet has been filed, the trial will take considerable time to conclude, making his continued detention unjustified. The allegation of assault by the applicant is false and fabricated, as the complainant actually sustained injuries due to a pressure cooker blast, which is evident from the medical prescription dated 03.07.2025 issued by Shri Baldev Memorial Hospital, Wadraf Nagar, Dist. Balrampur Ramanujganj (C.G.). Moreover, the applicant’s parents, who are co-accused, have already been granted bail by this Hon’ble Court vide order dated 22.09.2025 passed in M.Cr.C. No. 6403/2025. The applicant is a permanent resident of the address mentioned in the cause-title, with no likelihood of absconding or tampering with prosecution witnesses, and he is ready to furnish adequate surety and comply with any conditions imposed by this Hon’ble Court while granting bail. 4. On the other hand, the learned State Counsel opposes the bail application of the present applicant and submits that Ritu Tiwari, the wife of the applicant, has clearly alleged that soon after their marriage in 2016, the applicant began ill-treating her on account of dowry demands, for which a report had earlier been lodged at Police Station Raghunathpur and the matter was subsequently compromised. It is further alleged that in the year 2021, the applicant, without the consent of the complainant, started residing with another woman, 4 namely Shradha Mishra, with whom he also has a child. The complainant has specifically stated that on 03.07.2025 at about 11:00 PM, the applicant, along with his mother and father, assaulted her with hands and fists, ill-treated her, caused severe injuries, set her on fire, and confined her in a room from 03.07.2025 to 12.07.2025. Upon getting an opportunity, the complainant informed her parents on 12.07.2025, after which the FIR was lodged. The learned State Counsel argues that the allegations reveal a continuous pattern of cruelty, assault, confinement, and serious offences committed by the applicant and his family members, therefore, considering the gravity of the allegations, the applicant is not entitled to be released on bail. 5. I have heard learned counsel for the parties and perused the case- diary. 6. Considering the facts and circumstances of the case, the submissions of learned counsel for the parties, and upon perusal of the case diary, it appears that the complainant, married to the applicant Akash Tiwari since 2016 and mother of two children, has alleged continuous dowry- related cruelty, for which she had earlier lodged a report at Police Station Raghunath Nagar. She further alleged that in 2021 the applicant, without her consent, began residing with another woman, Shraddha Mishra, and a child was born from that relationship. The case diary reveals that on 03.07.2025 at about 11:00 PM, the applicant and his parents allegedly assaulted her, threatened to kill her, inflicted severe physical torture including burn injuries with a heated iron tong, tied her hands and legs, and wrongfully confined her until 12.07.2025, when she informed her family and received medical treatment. The allegations prima facie indicate sustained cruelty, 5 threats to life, wrongful confinement, and grievous burn injuries, with a direct and serious role attributed to the applicant. The matter, initially registered under Sections 494, 294, 506 and 323/34 IPC, is under investigation. Considering the gravity of the allegations, the manner in which the offence is alleged to have been committed, the specific overt acts attributed to the applicant, and the likelihood of his influencing the complainant if released on bail, this Court finds no ground to extend the benefit of bail to the applicant. 7. Accordingly, the first bail application of the applicant – Akash Tiwari, involved in Crime No. 43/2025, registered at Police Station – Trikunda District – Balrampur (C.G.) for the offence punishable under Sections 296, 351(2), 115(2), 118(1), 118(2), 127(3), 82(1), 85 & 287 read with Section 3(5) of the BNS, is rejected. Sd/- (Ramesh Sinha) Chief Justice vaibhav