Extracted from the PDF above. The PDF is authoritative.
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CGHC010290082026
2026:CGHC:32592
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6821 of 2026 Abhijeet Yadav S/o Brijpal, Aged About 25 Years R/o Village Basantpur, Thana Dipka, Tahsil Katghora, District - Korba (C.G.)
... Applicant versus State of Chhattisgarh Through P.S. Dipka, District Korba (C.G.)
... Non-applicant For Applicant : Mr. Vikas Kumar Pandey, Advocate. For Non-applicant/State : Ms. Ritika Verma, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 29.07.2026
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. 182/2026 registered at Police Station : Dipka, District – Korba (C.G.) for the offence punishable under Sections 109(1) of the Bhartiya Nyaya Sanhita, 2023. 2. The brief prosecution case is that on 08.05.2026, the applicant allegedly assaulted his wife, namely Asha Yadav, with a shovel, a brick, and a stick, causing injuries to her head and back, on account of a dispute between them, as she had gone outside the temple in the morning without informing the applicant. Thereafter, the police registered Crime No. 182/2026 against the applicant for the offence punishable under ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2026.07.30 10:43:53 +0530
2 Section 109(1) of the Bharatiya Nyaya Sanhita (B.N.S.). 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. He submits that the applicant is aged about 25 years and is working as a driver. He further submits that the investigation has been completed and the charge-sheet has been filed before the learned trial Court. He submits that the injured is the wife of the applicant and has appeared before the learned trial Court and has filed a no-objection application expressing that she has no objection to the grant of bail to the applicant. He submits that the applicant has not assaulted the injured with any weapon or article. Rather, during the course of the altercation between them, the injured accidentally fell to the ground and sustained an injury to her head. He further submits that the present applicant has no criminal antecedents and he is in jail since 10.05.2026, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the present applicant. 4.
On the other hand, learned State Counsel opposes the bail application and submits that the case diary is not available before this Court. 5. I have heard learned counsel for the parties. 6. Considering the facts and circumstances of the case, the nature and gravity of the offence, and the fact that the injured, who is the wife of the applicant, has appeared before the learned trial Court and filed a no- objection application expressing that she has no objection to the grant of bail to the applicant. Further, the charge-sheet has already been filed before the competent Court and has been taken on record. The applicant has been in judicial custody since 10.05.2026, and the conclusion of the trial is likely to take considerable time. Accordingly, this Court is of the
3 opinion that the applicant is entitled to be released on bail in the present case. 7. Let applicant, Abhijeet Yadav, involved in Crime No. 182/2026 registered at Police Station : Dipka, District – Korba (C.G.) for the offence punishable under Sections 109(1) of the Bhartiya Nyaya Sanhita, 2023, be released on bail on his furnishing a personal bond with two sureties in the like amount 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
4 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 forthwith for necessary information and compliance. Sd/- (Ramesh Sinha) Chief Justice Abhishek