Extracted from the PDF above. The PDF is authoritative.
1
2026:CGHC:25332
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4864 of 2026 Rinku Athwani S/o Late Shobjraj Athwani Aged About 35 Years R/o Deepak Colony House No 578, Police Station New Rajendra Nagar District- Raipur (C.G.)
... Applicant. versus State Of Chhattisgarh Through S.H.O. P.S. New Rajendra Nagar District- Raipur (C.G.). ---- Respondent -------------------------------------------------------------------------------------------- For the Applicant : Mr. Sudhanshu Singh, Advocate. For the State : Mr. Rohitashva Singh, Dy. GA. -------------------------------------------------------------------------------------------- Hon'ble Shri
Sanjay Kumar Jaiswal,
Judge
Order on Board 22.06.2026
1. This is Third 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. 128/2025 registered at Police Station – New Rajendra Nagar, District – Raipur (C.G.) for the offence punishable under Sections 103 & 109 of BNS. 2. The first bail application of the applicant was dismissed as want of prosecution on 09.02.2026 in MCRC No.801/2026 whereas
2 second bail application was dismissed on merits vide order dated 19.02.2026 in MCRC No.1748/2026. 3. As per the prosecution’s case, complainant Soumya Athwani, elder sister of Ishita Athwani (now deceased), lodged a report stating that the applicant and deceased have a daughter, whose mental condition is not good, due to which, accused/applicant used to frequently quarrel and fight with his wife Ishita Athwani (deceased). On the date of offence i.e. 21.06.2025, at about 9:00 am, she (complainant) was at her home, at that time, deceased’s mother-in-law (Neha Athwani) came and informed her that the applicant was quarrelling and fighting with his wife (Ishita) in their room. Upon this, the complainant went to her sister’s room from where the applicant came out and his worn clothes were stained with blood. Upon entering the room, she saw that Ishita was lying soaked in blood and on asking her sister (Ishita), she told that her husband/applicant had attacked her with a weapon, due to which, she sustained injuries on her body. Thereafter, Ishita was taken to Mekahara Hospital for treatment and admitted. Based on this, offence under Section 109 of BNS has been registered and matter was taken up for investigation. Later on, during treatment, the injured Ishita died, due to which Section 103 of BNS has been added to the offence. The applicant was arrested on 01.07.2025, and after completion of the investigation charge sheet was filed. 3
4.
Learned counsel for the applicant submits that this third bail application has been filed on the ground of delay as the applicant is in jail since 01.07.2025 and out of 15 witnesses, 09 witnesses have been examined before the trial Court till date, hence, conclusion of trial may take considerable time, therefore, the present applicant may be released on bail. 5. On the other hand, learned counsel for the State opposes the bail application of the applicant. 6. I have heard learned counsel for the parties. 7. Perused of earlier bail rejection order would show that the applicant was arrested on 01.07.2025 and charge-sheet has been filed. Taking into such fact I do not find any change of circumstances at this stage to reconsider the bail again. 8. Accordingly, the instant bail application of applicant is hereby rejected. However, looking to the detention period of the applicant, trial Court concerned is directed to expedite the trial within a period of 04 months from the date of receipt of copy of this order. 9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/-
(Sanjay Kumar Jaiswal) JUDGE J/-