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2026 DAILYLAW 189 (CHH)

RAKESH VERMA v. STATE OF CHHATTISGARH

MCRC/2872/2026 · 2026-03-31

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Judgment text

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1 2026:CGHC:15101 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2872 of 2026 1 - Rakesh Verma S/o Radheshyam Verma Aged About 23 Years R/o Village- Tedhi, Police Station- Thankhamhariya, Distt.- Bemetara (C.G.) 2 - Narottam Verma S/o Radheshyam Verma Aged About 28 Years R/o Village- Tedhi, Police Station- Thankhamhariya, Distt.- Bemetara (C.G.) ... Applicants versus State of Chhattisgarh Through Sho, Police Station- Thankhamhariya, District- Bemetara (C.G.) ... Non-Applicant For Applicants : Mr. Vaibhav A. Goverdhan, Advocate For Non-Applicant/State : Ms. Ritika Verma, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 01.04.2026 1. The applicants have preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), for grant of regular bail, as they have been arrested in connection with Crime No. 13/2026 registered at Police Station - Thankhamhariya, District- Bemetara, (C.G.) for the o9ence punishable under Sections 296, 351(3), 118(1), 118(2) and 3(5) of Bharatiya Nyaya Sanhita, 2023. RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 2. The prosecution story in brief, is that on 18.01.2026, the complainant/victim Omkar Verma lodged an FIR against the present applicants alleging that on 17.01.2026, a cow belonging to his uncle Lekhram had entered into the >eld of Radheshay, upon which Radhe Verma, Rohini Verma and the present applicants objected and asked them to keep their cattle properly tied, which issue was subsequently paci>ed at that time. It is further alleged that on the next day, i.e., 18.01.2026 at about 05:00 PM, when the complainant was returning to his house, near the badi of Kanhaiya Verma, the present applicants accosted him and started abusing him, and accused Narrotam Verma allegedly caught hold of his hands while accused Rakesh Verma assaulted him with a sharp- edged object, causing injuries on his left hand, back, waist and near the ribs, thereafter, the applicant was arrested in connection with the said incident. Hence, the present bail application. 3. Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the present case and have not committed any o9ence punishable with death or imprisonment for life. It is further submitted that, in fact, the complainant side were the aggressors, as on account of the dispute dated 17.01.2026, the complainant along with other persons namely Gangadhar Verma, Bandhari Verma, Lekhram Verma and Laxmi Verma assaulted applicant No. 1, and when his relatives came to intervene, they were also beaten, and in this regard, the applicants have also lodged an FIR, a copy of which is >led as Annexure A-3. He further submits that the complainant has not sustained any 3 grievous or life-threatening injury and was discharged from the hospital on the very next day, and there is no medical opinion indicating that the injuries were dangerous to life. It is also submitted that no incriminating article has been seized from the possession of the applicants and the alleged seized articles are common in nature, and there is no material to show that the injuries could have been caused by the said seized screwdriver. It is further submitted that the applicants are in jail since 30.01.2026, the charge-sheet has already been >led, has no any previous criminal antecedents, no further custodial interrogation is required, and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicants. 4. On the other hand, learned State Counsel has vehemently opposed the bail application and submitted that the charge-sheet has been submitted before the competent Court. She further submits that the allegations against the applicants are grave and are duly supported by the material collected during the course of investigation. It is further submitted that during investigation, the weapon of o9ence, i.e., a screwdriver, has been recovered at the instance of the applicants, which is a sharp-edged object capable of causing the injuries sustained by the victim. It is contended that the victim was brutally assaulted and, as per the MLC report, he sustained four stab wounds inDicted on vital parts of the body, including the left side of the abdomen/back region near the kidney, the left side of the chest, and the waist/rib area. The medical report further reveals serious internal injuries, including left renal laceration with left 4 posterior perirenal hematoma (Grade II trauma), left-sided pneumothorax and hemothorax with left chest wall surgical emphysema, along with spinal injury in the form of Grade I anterolisthesis of L5 over S1 with bilateral pars defect at L5, clearly indicating the force and severity of the attack. Considering the nature of injuries, the manner of assault, and the recovery of the weapon of o9ence establish the active involvement of the applicants in the commission of the o9ence, the present applicants are not entitled for grant of regular bail in the present case. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case and the submissions advanced by the learned counsel for the parties, this Court >nds that the allegations against the applicants are serious in nature and arise out of a violent assault wherein the victim has sustained multiple grievous injuries. As per the MLC report, the victim su9ered four stab wounds on vital parts of the body, including the chest, abdomen/back and rib region, and also sustained severe internal injuries such as left renal laceration with perirenal hematoma (Grade II trauma), left-sided pneumothorax and hemothorax with chest wall surgical emphysema, as well as spinal injury in the nature of Grade I anterolisthesis of L5 over S1 with bilateral pars defect at L5, which clearly indicate that the injuries are grievous and life-threatening in nature. The recovery of the weapon of o9ence, i.e., a screwdriver, further corroborates the prosecution case regarding the manner of assault. Considering the gravity and 5 seriousness of the o9ence, the nature of injuries inDicted on vital parts of the body, and the prima facie material available on record showing active involvement of the applicants, this Court is of the opinion that it is not a >t case to enlarge the applicant on regular bail. 7. Accordingly, the bail application of applicants – Rakesh Verma and Narottam Verma, involved in Crime No. 13/2026 registered at Police Station - Thankhamhariya, District- Bemetara, (C.G.) for the o9ence punishable under Sections 296, 351(3), 118(1), 118(2) and 3(5) of Bharatiya Nyaya Sanhita, 2023, is rejected. 8. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 9. OFce is directed to send a certi>ed copy of this order to the trial Court concerned for necessary information and compliance. Sd/- (Ramesh Sinha) Chief Justice Rahul dewangan