1 2025:CGHC:57020 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9468 of 2025 Kashi Prasad Son Of Sundarlal Aged About 48 Years Resident Of Village Chanwaridand, Khadgawan, Police Station And Tahsil Khadgawan, District Manendragarh - Chirmiri-Bharatpur (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through The Station House Officer, Police Of Police Station Khadgawan, District Manendragarh - Chirmiri-Bharatpur (C.G.) ... Respondent(s) For Applicant(s) : Mr. Anil Kumar Gulati, Advocate. For Respondent(s) : Ms. Smriti Shrivastava, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 24/11/2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No. 172/2025 registered at Police Station Khadgawan, District Manendragarh - Chirmiri-Bharatpur (C.G.) for AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 the offence punishable under Sections 296, 351(2), 115(2), 109 of BNS. 2. Case of the prosecution, in brief, is that on 15.08.2025 a hospital memo was received from CHC Khadgawan regarding an injured woman, Pushpalata. During inquiry, she stated that around 9 a.m., while she was cooking in her kitchen, her husband Kashi Prasad Dhanwar arrived and, suspecting her character, abused her and threatened to kill her. It is alleged that he attacked her twice on the head with an iron axe (tangi) with the intention to kill, causing bleeding injuries. When he attempted a third blow, the victim blocked it with her left hand and shouted for help. Hearing the commotion, her mother-in-law intervened, after which the accused fled from the spot. Based on her report, Crime No. 172/2025 under Sections 296, 351(2), 115(2), and 109 of the BNS was registered against the applicant/accused, who was arrested on 16.08.2025. After completion of investigation, the charge-sheet has been filed before the competent court. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in offence in question. He further submits that the medical record shows that the injuries sustained by Pushpalata are simple in nature. The doctors have noted that a final opinion would depend on the NCCT head report, and the CT Scan report indicates no 3 significant abnormality in the brain parenchyma. He also submits that the applicant and the injured are husband and wife, and during the bail proceedings before the learned Additional Sessions Judge, Chirmiri, the injured did not object to the grant of bail to the applicant. This fact is clearly reflected in paragraph 18 of the said order. The applicant is in jail since 16.08.2025, the applicant has no criminal antecedent, charge-sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and submits that the charge-sheet has been filed in the present case. She further submits that the applicant is accused of assaulting his wife Pushpalata by attacking her twice on the head with an iron tangi with an intention to kill, after abusing and threatening her. He allegedly attempted a third blow as well, which the victim blocked with her hand, before fleeing the scene when others intervened. Therefore, the applicant is not entitled for grant of bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of offence, period of detention of the applicant since 16.08.2025, the fact that though the applicant is accused of assaulting his wife Pushpalata by attacking her twice on the head 4 with an iron tangi with an intention to kill, after abusing and threatening her, but considering the fact that the injuries sustained by the injured are found to be simple in nature and further as per NCCT Head, no internal damage has been caused to the injured, the applicant has no criminal antecedent and charge-sheet has been filed, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the application is allowed. 8. 7. Accordingly, the application is allowed. 8. Let the Applicant-Kashi Prasad, involved in Crime No. 172/2025 registered at Police Station Khadgawan, District Manendragarh - Chirmiri-Bharatpur (C.G.) for the offence punishable under Sections 296, 351(2), 115(2), 109 of BNS, be released on bail on his furnishing a personal bond with two sureties 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 5 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 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. 9. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil