1 2026:CGHC:23824 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2581 of 2026 Akash Tiwari S/o Harishankar Tiwari Aged About 30 Years R/o Shardapur, P.S. Trikunda, Distt. Balrampur Ramanujganj, Chhattisgarh. ... Applicant versus The State of Chhattisgarh Through SHO, P.S. Trikunda, Distt. Balrampur Ramanujganj, Chhattisgarh. … Non-applicant For Applicant : Mr. Rishikant Mahobia, Advocate. For Non-Applicant/State : Ms. Palak Dwivedi, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 15.06.2026 1. This is the Second 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 – Ramanujganj (C.G.), for the offence punishable under Sections 296, 351(2), 115(2), 118(1), 118(2), 127(3), 82(1), 85 and 287 read with Section 3(5) of the Bhartiya Nyaya Sanhita, 2023. 2. The earlier bail application of the applicant being MCRC No. 8231 of 2025 was rejected on merits by this Court vide order dated 17.11.2025. 3. As per the prosecution story, on a complaint lodged by the complainant, ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2026.06.16 15:01:18 +0530 2 Ritu Tiwari (wife of the applicant), it has been alleged that her marriage was solemnized with the applicant in the year 2016 and out of the said wedlock they have two children. It is alleged that soon after the marriage, the applicant started ill-treating the complainant on account of demand of dowry, pursuant to which she lodged a report at Police Station Raghunathpur. Thereafter, the matter was compromised and she again started residing with her husband. It is further alleged that in the year 2021, the applicant, without obtaining the consent of the complainant, started residing with one Shradha Mishra and out of the said relationship they are having a child aged about one and a half years. It is further alleged that on 03.07.2025 at about 11:00 PM, the applicant along with his mother and father assaulted the complainant with hands and fists and ill-treated her, on account of which she sustained severe injuries. It is also alleged that they burnt her and confined her in a room from 03.07.2025 to 12.07.2025. Thereafter, on 12.07.2025, she informed her parents regarding the incident, pursuant to which the FIR was lodged against the applicant and his mother and father, and the applicant was arrested for the commission of the alleged offences. 4. Learned counsel for the applicant submits that this is the second bail application filed by the applicant. He submits that, prior to the lodging of the present FIR, the applicant had submitted a complaint on 13.07.2025 at Police Station Trikunda, stating that the complainant used to speak with other boys on her mobile phone, which often led to disputes between them. He specifically mentioned that on the intervening night of 02.07.2025, he found the complainant talking to an unknown person, and when questioned, an altercation ensued. However, the police merely registered an NCR dated 13.07.2025 and did not register any offence. He further submits that despite the said prior complaint, the same police 3 station subsequently registered the present offence against the applicant without properly verifying the true facts of the case. Learned counsel submits that the allegation of assault against the applicant is false and fabricated, as the complainant had in fact 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, Wadrafnagar, District Balrampur-Ramanujganj (C.G.). He further submits that the applicant's father, namely Harishankar Tiwari, is suffering from heart disease, and his parents are also suffering from blood pressure- related ailments, requiring regular medical care. Therefore, the applicant is required to look after and care for them. It is further submitted that, out of 13 prosecution witnesses, only 4 witnesses, including the complainant (wife) and her mother, have been examined till date. The applicant has been in custody since 19.07.2025, and the conclusion of the trial is likely to take considerable time. Accordingly, he prays for grant of regular bail to the applicant. 5. Learned State Counsel opposed the bail application and submitted that the allegations against the applicant are grave and serious in nature. Therefore, the applicant is not entitled to the grant of regular bail. 6. I have heard learned counsel for the parties and perused the case diary. 7. Considering the facts and circumstances of the case, particularly the fact that this is the second bail application filed by the applicant and that, out of 13 prosecution witnesses, only 4 witnesses, including the complainant (wife) and her mother, have been examined till date, coupled with the fact that the applicant has been in custody since 19.07.2025 and that the conclusion of the trial is likely to take considerable time, this Court is of the opinion that the applicant is entitled to be released on bail. 4 8. Let the Second Bail of the Applicant – Akash Tiwari, involved in Crime No. 43/2025 registered at Police Station – Trikunda, District – Balrampur – Ramanujganj (C.G.), for the offence punishable under Sections 296, 351(2), 115(2), 118(1), 118(2), 127(3), 82(1), 85 and 287 read with Section 3(5) of the Bhartiya Nyaya Sanhita, 2023, be released on bail on furnishing 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, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement 5 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. However, this Court hopes and trusts that the trial Court shall make an earnest endeavour to conclude the trial as expeditiously as possible within a period of four months from the receipt of a certified copy of this order in accordance with law, if there is no legal impediment. 10. 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 Abhishek