1 2026:CGHC:15388 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2976 of 2026 Kaushal Kadiyam S/o Narendra Kadiyam Aged About 24 Years R/o Village- Karmoti, Police Station- Bhanupratappur, District- Uttar Bastr Kanker (Cg) (As Per Charge Sheet) ... Applicant(s) versus State Of Chhattisgarh Through The Station House Officer, Police Station- Bhanupratappur, District- Uttar Bastr Kanker (Cg) (As Per Charge Sheet) ... Respondent(s) For Applicant(s) : Mr. Shivendu Pandya, Advocate. For Respondent(s) : Ms. Smriti Shrivastava, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 02/04/2026 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No. 208/2025 registered at Police Station AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 Bhanupratappur, District- Uttar Bastr Kanker (C.G.) for the offence punishable under Sections 296, 118(1), 351(2), 85 of BNS. 2. Case of the prosecution, in brief, is that the complainant, Reena Kadiyam (wife of the applicant), lodged a report at Police Station Bhanupratappur, District Uttar Bastar Kanker (C.G.), stating that on 16.12.2025 at about 05:00 PM, the applicant, suspecting her character, assaulted her and used filthy and abusive language along with criminal intimidation. It is further alleged that the applicant tied both her hands with a rope and inflicted injuries upon her using a hot iron rod, causing burn injuries on her cheek and mouth as well as multiple other injuries. The complainant was thereafter taken to the hospital for treatment, and based on her report, an FIR bearing Crime No. 208/2025 was registered against the applicant. Upon completion of investigation, the police filed the charge sheet against him. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in offence in question. He further submits that, although the allegations against the applicant are that he assaulted his wife on suspicion of her character, abused and threatened her, and caused injuries by tying her hands and inflicting burns with a heated iron rod, resulting in multiple injuries, however, the matter has since been amicably settled between the parties, and the wife/complainant has filed an affidavit stating that she has no 3 objection to the grant of bail to the present applicant, copy of the same is annexed as Annexure A/3. The applicant is in jail since 13.01.2026, the applicant has no criminal antecedent, charge- sheet has been filed 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. She further submits that the applicant allegedly assaulted his wife on suspicion of her character, abused and threatened her, and inflicted injuries by tying her hands and attacking her with a hot iron rod, causing multiple injuries, therefore, the applicant is not entitled for grant of bail. 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, nature and gravity of offence, period of detention of the applicant since 13.01.2026, the fact that though the applicant allegedly assaulted his wife on suspicion of her character, abused and threatened her, and inflicted injuries by tying her hands and attacking her with a hot iron rod, causing multiple injuries, but considering the fact that the matter has since been amicably settled between the parties, and the wife/complainant has filed an affidavit stating that she has no objection to the grant of bail to the present applicant and the fact that the applicant has no criminal 4 antecedent, further the charge-sheet has been filed in the present case, as such, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the application is allowed. 8. 7. Accordingly, the application is allowed. 8. Let the Applicant-Kaushal Kadiyam, involved in Crime No. 208/2025 registered at Police Station Bhanupratappur, District- Uttar Bastr Kanker (C.G.) for the offence punishable under Sections 296, 118(1), 351(2), 85 of BNS, be released on bail on his furnishing a 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 5 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 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. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil