1 CGHC010320822026 2026:CGHC:38340 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7969 of 2026 Sammaiya Burka S/o Chinna Mutta Aged About 40 Years R/o Dugaiguda, P.S. Aawapalli, District Bijapur Chhattisgarh ... Applicant(s) versus State Of Chhattisgarh Through The Police Station Aawapalli, District Bijapur Chhattisgarh ... Respondent(s) For Applicant(s) : Mr. Pravin Kumar Tulsyan, Advocate. For Respondent(s) : Ms. Ritika Verma, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 31.08.2026 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), for grant of regular bail, as he has been arrested in connection with Crime No. 19/2025, registered at Police Station Aawapalli, District Bijapur (CG) for the offence punishable under Sections 109(1) of BNS. AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 2. The prosecution story in brief, is that on 22.11.2025 at about 1:00 a.m., after having dinner, the complainant, Kanta Burka and the accused, Samaiya Burka, being husband and wife, were sleeping in their room. The accused, suspecting the character of his wife and her alleged illicit relationship, became enraged and assaulted her with a sharp-pointed knife lying nearby, causing injuries to her chest and back, which led to the registration of alleged offence against the applicant and subsequently, the applicant was arrested. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He further submit that no incriminating article, weapon or other material allegedly connected with the offence has been seized or recovered from the possession of the applicant. Further, the injured/victim, who is the material witness to the alleged occurrence, did not support the prosecution case during her examination-in-chief and was declared hostile, specifically denying the alleged incident and the involvement of the applicant. The prosecution case is also not supported by any independent eye-witness. He also submits that the material available on record does not prima facie disclose any specific intention or knowledge on the part of the applicant to cause the death of the injured/victim, which is an essential ingredient for attracting the offence under Section 109(1) of the BNS. The applicant is in jail 3 since 23.11.2025 and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State counsel opposes the bail application and submits that the charge-sheet has been filed in the present case before the competent Court. She further submits that the allegation against the applicant is that, while suspecting his wife’s character and alleged illicit relationship, he assaulted her with a sharp-pointed knife, causing injuries to her chest and back. Therefore, the applicant is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts & circumstances of the case, nature & gravity of the offence, material available in the case dairy and the fact that on account of suspicion regarding the character and alleged illicit relationship of his wife, the present applicant allegedly assaulted her with a sharp-pointed knife, causing injuries to her chest and back, though the injured witness has turned hostile and has not supported the prosecution case, the factum of injuries having been caused to the complainant by a sharp-edged weapon is borne out from the material available on record, as such, without expressing any opinion on the merits of the case, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. 7. 7. Accordingly, the bail application of applicant-Sammaiya Burka, 4 involved in Crime No. 19/2025, registered at Police Station Aawapalli, District Bijapur (CG) for the offence punishable under Sections 109(1) of BNS, is rejected. 8. However, this Court hopes and trusts that the trial Court shall make earnest endeavour to conclude the trial expeditiously preferably within a period of four months from the date of receipt of certified copy of this order, in accordance with law, if there is no legal impediment. 9. 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 Akhil