1 2026:CGHC:60 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 10471 of 2025 Baldau @ Lala Sahu S/o Jhaduram @ Jhaduwa Sahu Aged About 45 Years R/o Anandgaon, Police Chowki Kandarka, P.S. Berla, District - Bemetara (C.G.) ... Applicant versus State Of Chhattisgarh Through Officer-In-Charge Of P.S. - Berla, District – Bemetara (C.G.) ---- Non-applicant For Applicant : Mr. Shashi Bhusan Tiwari, Advocate. For Non-applicant/State : Ms. Nupur Triwedi, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 02.01.2026 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 88/2025, registered at Police Station – Berla, District – Bemetara (C.G.) for the offence punishable under Sections 109(1) of the Bharatiya Nyaya Sanhita, 2023 (BNS). 2. The case of the prosecution, is that the complaint lodged by the wife of the applicant, alleging that on 08.04.2025 at around 6:00 am, when the petitioner was grinding pulses to make Bada in her house and son Ritik was filling water, she told her husband Baldau Sahu that the tap in the RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 house is not working, take a bath in the pond, her husband doubting her character, said thar he would kill her and with the intention of killing her, he hit the head of wife three timed with sil- stone kept in the house and strangled her. Hence, this application. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case and the charge- sheet has been filed in this case. The applicant who is the husband of the injured, is said to have assaulted her with hard and blunt object and as per the MLC report, some injuries including lacerated wound have sustained on her person, but as per the NCT (Head) report, no such significant opinion about the fracture appears to be given. The applicant is in jail since 08.04.2025 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 4. On the other hand, the learned State counsel opposes the bail application and submits that there are no criminal antecedents registered against the present applicant, and the charge-sheet has been filed in this case. It is further submitted that the applicant who is the husband of the injured, is said to have assaulted the injured with hard and blunt object due to which she has sustained some injuries including a lacerated wound on her person, therefore, he is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused all of the documents available on record. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the 3 fact that charge-sheet has been filed against the applicant, further the applicant who is the husband of the injured, is said to have assaulted her with hard and blunt object and as per the MLC report, some injuries including lacerated wound have sustained on her person, but as per the NCT (Head) report, no such significant opinion about the fracture appears to be given, the applicant is in jail since 08.04.2025 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Let applicant, Baldau @ Lala Sahu, involved in Crime No. 88/2025, registered at Police Station – Berla, District – Bemetara (C.G.) for the offence punishable under Sections 109(1) of the 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 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, 4 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. 8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rajshekhar