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Chattisgarh High Court
Kaushal Kadiyam vs State Of Chhattisgarh on 2 April, 2026
Author: Ramesh Sinha
Bench: Ramesh Sinha
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
Digitally
Village- Karmoti, Police Station- Bhanupratappur, District- Uttar Bastr
AKHILESH signed by
KUMAR AKHILESH
Kanker (Cg) (As Per Charge Sheet)
DEWANGAN KUMAR
DEWANGAN
... 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
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
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
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. 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
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
