1 CGHC010326652026 2026:CGHC:37656 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7841 of 2026 Pradeep Yadav S/o Lt. Manohar Yadav Aged About 55 Years R/o Jailpara, Sarangarh, Police Station Sarangarh, Tehsil Sarangarh, District Sarangarh-Bilaigarh, C.G. ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Sarangarh, District Sarangarh-Bilaigarh, C.G. ... Non-Applicant For Applicant : Shri T.K. Jha, Sr. Advocate with Shri Aman Tamboli, Advocate. For Non-Applicant : Shri Shailendra Sharma, PL. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 21/08/2026 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.278/2026 registered at Police Station Sarangarh, District Sarangarh-Bilaigarh (C.G.) for the offence under Sections 296, KRISHNA KUMAR BARVE Digitally signed by KRISHNA KUMAR BARVE Date: 2026.08.21 20:16:42 +0530 2 115 (2), 351 (3), 109 (1) of the BNS. 2. The prosecution case, in brief, is that the applicant with intent to cause death attacked his wife with farsa and thereby caused hurt to her. It is alleged that he had attacked his wife raising doubts on her chastity and he has also abused her with filthy language. It is also alleged that when the children namely Pratigya and Prajjwal tried to interfere then he attacked them as well and caused hurt to them. Based on these allegations, the FIR was registered against the applicant. Hence the bail application. 3. It has been argued by learned Senior counsel for the applicant that the applicant is innocent and has been falsely implicated in the crime. The marriage between the applicant and his wife victim Smt. Shobha Yadav was solemnized on 30/06/2001 but they had no issue till 2010. Initially after 2 to 3 years of marriage when the lady did not get conceived, she started misbehaving with the applicant. The applicant requested her to take medical assistance and consult doctors but she refused. She had started liking one Vikky Yadav who resides in the neighborhood and used to visit his house very frequently. When the applicant came to know about this, he requested his wife to behave properly and not to indulge in any illicit relation but she refused stating that she liked Vikky and wanted to have relation with him however after interference of the elderly family members the dispute was resolved. Again after some time the wife of the applicant indulged in illicit relationship with said Vikky Yadav. Since the applicant is a 3 government employee, he had to go to his office and this time was misused by his wife for her illicit relation. In the year 2010 mother of the applicant was detected to be suffering from Cancer so he got busy in taking her to Raipur for treatment and the wife of the applicant took advantage of this and she used to have illicit relation with Vikky. As there was no child to the applicant and his wife till 2010, the applicant sought medical advice from one Dr. namely Vijay Sahu and thereafter they took some medicines and in the year 2012 the parties were blessed with son and then in the year 2013 the parties were blessed with daughter. Thereafter everything was going very fine in their family but the wife of the applicant kept visiting the house of Vikky Yadav along with her children. Since mother of the applicant was suffering from cancer and she was being admitted in Raipur on several occasions and the applicant was also responsible to look after his mother and his own job he felt his wife and children are safe in the house and even with family members of Vikky who were taking good care of the children. On 07/01/2015 when the applicant was busy in some official duties, he came very late in the night and caught his wife and Vikky red handed. The applicant does not have any criminal antecedent. The applicant is in jail since 11.6.2026. Therefore, the applicant may be released on bail. 4. On the other hand, learned counsel appearing for the State/non- applicant would oppose the bail application and submit that the 4 applicant does not have any criminal antecedent, and the charge sheet has been submitted against the applicant. 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, and the fact that the charge sheet has already been submitted against the applicant, the applicant does not have any criminal antecedent, which is mentioned in the bail application, the applicant is in jail since 11.6.2026, further considering that no bony injury was caused to the son of the applicant and conclusion of trial is likely to take some time, this Court is of the view that the applicant is entitled to be released on bail in the present case. 7. Let the Applicant – Pradeep Yadav, involved in Crime No.278/2026 registered at Police Station Sarangarh, District Sarangarh-Bilaigarh (C.G.) for the offence under Sections 296, 115 (2), 351 (3), 109 (1) of the BNS, 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 5 trial court on each date fixed, either personally or through their counsel. In case of his absence, without sufficient cause, the trial court may proceed against them 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 under Section 351 of BNSS. If in the opinion of the trial court absence of the applicants are 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 them 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. - Sd/- (Ramesh Sinha) Chief Justice Barve