Nesar Ahmad @ Mohd. Nesar Vs State of Chhattisgarh

¶1

1

¶2

RUCHIYADAV Digitallysigned byRUCHI YADAV

CGHC010225272026

2026:CGHC:30988

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

¶7

MCRC No. 5340 of 2026

¶8

1 - Nesar Ahmad @ Mohd. Nesar S/o Zahur Khan Aged About 25 Years R/o Village- Maanpur Tahsil And Police Station Shankargarh DistrictBalrampur (C.G.)

¶9

... Applicant(s)

¶10

versus

¶11

1 - State of Chhattisgarh Through The Station House Officer Police Station Shankargarh District- Balrampur (C.G.)

¶12

... Respondent(s)

¶13

For Applicant(s) : Ms. Shreya Kumar, Advocate For Respondent(s)/State : Mr. Saumya Rai, Dy. G.A.

¶14

Hon'ble Mr. Ramesh Sinha, Chief Justice

¶15

Order on Board

¶16

21.07.2026

¶17

1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking grant of

¶18

2

¶19

regular bail to the applicant, who is in judicial custody in connection with Crime No. 52/2026 registered at Police StationShankargarh, District- Balrampur (Chhattisgarh), for the offences punishable under Sections 85 and 118(1) of the Bharatiya Nyaya Sanhita, 2023 and Section 4 of the Muslim Women (Protection of Rights on Marriage) Act, 2019.

¶20

2. As per the prosecution case, on 12.04.2026, the complainant lodged a report alleging that her marriage with the applicant was solemnized on 07.04.2018. It is alleged that after about three years of marriage, the applicant started subjecting her to cruelty on account of demand for dowry. It is further alleged that on 10.04.2026 and 11.04.2026, the applicant physically assaulted the complainant by beating her and pouring hot water on her, and during the incident, he pronounced "Talaq" three times. On the basis of the said allegations, the present crime was registered against the applicant for the offences punishable under Sections 85 and 118(1) of the Bharatiya Nyaya Sanhita, 2023, and Section 4 of the Muslim Women (Protection of Rights on Marriage) Act, 2019.

¶21

3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is further submitted that the applicant is the husband of the complainant, no such complaint had ever been made during the previous seven years of marriage and the dispute is purely matrimonial in nature. It is also submitted that the applicant has no

¶22

3

¶23

criminal antecedents, has been in judicial custody since 10.05.2026, and the offences are triable by the Judicial Magistrate First Class. It is further submitted that the trial is likely to take considerable time to conclude. Accordingly, it is prayed that the applicant be enlarged on bail.

¶24

4. Per contra, learned State counsel opposes the bail application and submits that the allegations against the applicant are serious in nature and the charge-sheet has already been filed. It is, therefore, prayed that the bail application be dismissed.

¶25

5. I have heard learned counsel appearing for the parties and perused the case diary.

¶26

6. Taking into consideration the overall facts and circumstances of the case, the nature of the allegations, the fact that the dispute appears to be matrimonial in nature, the fact that the applicant has no criminal antecedents, has been in judicial custody since 10.05.2026, the charge-sheet has already been filed, the offences are triable by the Judicial Magistrate First Class and the trial is likely to take considerable time to conclude, this Court is of the view that, without expressing any opinion on the merits of the case, the applicant deserves to be enlarged on bail. Accordingly, the bail application is allowed.

¶27

7. Let the Applicant – Nesar Ahmad @ Mohd. Nesar involved in Crime No.- 52/2026 registered at Police Station- Shankargarh, District- Balrampur (Chhattisgarh), for the offences punishable

¶28

4

¶29

under Sections 85 and 118(1) of the Bharatiya Nyaya Sanhita, 2023 and Section 4 of the Muslim Women (Protection of Rights on Marriage) Act, 2019, 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:-

¶30

(i) The applicant shall file an undertaking to

¶31

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.

¶32

(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 his under Section 269 of Bharatiya Nyaya Sanhita.

¶33

(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

¶34

5

¶35

initiate proceedings against him, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita.

¶36

(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.

¶37

8. However, this Court hopes and trusts that the trial Court shall make an earnest endeavour to conclude the trial expeditiously from the receipt of this order in accordance with law, if there is no legal impediment.

¶38

9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith.

¶39

Sd/- (Ramesh Sinha) Chief Justice

¶40

Ruchi

Nesar Ahmad @ Mohd. Nesar v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Nesar Ahmad @ Mohd. Nesar v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases