1 CGHC010177852026 2026:CGHC:30021 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4227 of 2026 Dagesh Kumar Khute S/o Shri Chunulal Khute, Aged About 20 Years R/o- Village Acholi Ward No. -12, P.S. Tumgaon, -Tehsil And District - Mahasamund C.G. ... Applicant(s) versus State Of Chhattisgarh Through -Police Station Tumgaon, District Mahasamund C.G. ... Non-applicant(s) For Applicant : Mr. Vivek Sharma, Advocate. For Non-applicant/State : Ms. Monika Thakur, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 15.07.2026 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 24/2026, registered at Police Station–Tumgaon, District Mahasamund (C.G.), for the offences punishable under Sections 296, 117(2), 118(1), 3(5), 118(2) and 117(3) of the Bharatiya Nyaya Sanhita, 2023. 2. Case of the prosecution, in brief, is that on 20.01.2026, a written KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 report was lodged alleging that on 14.01.2026, due to a dispute arising out of stopping a motorcycle during friendly interaction and joking, the present applicant Dagesh @ Daggu Khunte, along with his younger brother Jhamman Khunte, abused the complainant/injured in filthy language and assaulted him with a knife. As a result, the complainant sustained a stab injury on his abdomen, while injured Jhamman Sahu sustained grievous stab injuries on his right hand and fingers. On the basis of the said report, Crime No. 24/2026 was registered against the applicant. During the course of investigation, the bed-head ticket and other medical records of injured Jhamman Sahu were collected, which revealed that he had suffered grievous injuries resulting in severance of the nerves of his hand, causing permanent disability in one hand. The subsequent medical opinion dated 16.02.2026 further disclosed that due to impaired blood circulation, gangrene had developed in the injured hand and there was a likelihood of amputation. The CECT report of the other injured Lakshmikant dated 14.01.2026 also confirmed that he had sustained grievous injuries. After completion of investigation, charge-sheet has been filed before the competent Court. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. He submits that the FIR suffers from an unexplained delay and although the prosecution has attempted to justify the delay on the ground that the injured was under medical treatment, the offences under Sections 118(2) and 117(3) of the BNS were not 3 incorporated in the FIR despite the availability of the medical documents and were subsequently added as an afterthought. He further submits that the essential ingredients of the aforesaid offences are not made out against the applicant and the allegations regarding assault and use of the alleged weapon are matters of evidence which can only be appreciated during trial. It is also submitted that the applicant has no previous criminal antecedents and the alleged incident occurred on account of a sudden quarrel after the complainant/injured and his companions allegedly bullied the applicant's juvenile younger brother and snatched the keys of his motorcycle. He further submits that the charge-sheet has already been filed, charges have been framed, the trial is likely to take considerable time for its conclusion and the applicant is in jail since 12.03.2026. Therefore, it is prayed that the applicant be enlarged on regular bail. 4. On the other hand, learned State counsel opposes the bail application and submits that there is sufficient material available on record to prima facie establish the involvement of the present applicant in the commission of the offence. She submits that as per the medical reports, both the injured persons sustained stab injuries and had to undergo surgical treatment. It is further submitted that injured Jhamman Sahu suffered grievous injuries resulting in severance of the nerves of his hand, causing permanent disability, and the subsequent medical opinion also indicates the possibility of amputation due to gangrene. She further submits that the charge- sheet has already been filed and the material collected during 4 investigation clearly supports the prosecution case. Considering the nature and gravity of the offence, she prays for rejection of the bail application. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of the allegations levelled against the present applicant, the fact that the charge-sheet has already been filed and charges have also been framed before the competent Court and further considering that the applicant is specifically alleged to have assaulted the injured persons with a knife, as a result of which both the injured sustained stab injuries and undergone surgical treatment, this Court finds that the medical evidence collected during investigation prima facie supports the prosecution case. The medical records further reveal that injured Jhamman Sahu suffered grievous injuries resulting in severance of the nerves of his hand causing permanent disability and the subsequent medical opinion indicates the likelihood of amputation due to gangrene, whereas injured Lakshmikant also sustained grievous injuries. In view of the seriousness of the injuries suffered by the injured, the nature of the weapon used and the material collected during the course of investigation, this Court is of the considered view that no case for grant of bail is made out. Accordingly, this Court is not inclined to enlarge the applicant on regular bail. 7. Accordingly, the bail application of the applicant namely – Dagesh Kumar Khute, involved in Crime No. 24/2026, registered at Police 5 Station–Tumgaon, District Mahasamund (C.G.), for the offences punishable under Sections 296, 117(2), 118(1), 3(5), 118(2) and 117(3) of the 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. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information. Sd/- (Ramesh Sinha) Chief Justice Kunal