1 CGHC010285582026 2026:CGHC:32703 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6853 of 2026 1 - Harsh Verma S/o Mr. Ajay Verma Aged About 22 Years R/o Village Arsi, P.S. Litiya, Tehsil- Dhamdha District- Durg, Chhattisgarh- 491001. 2 - Rajendra Nishad S/o Mr. Khemu Nishad Aged About 26 Years R/o Village Arsi, P.S. Litiya, Tehsil- Dhamdha District- Durg, Chhattisgarh- 491001. ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, Police Station- Jalbandha, District- Khairagarh-Chhuikhadan-Gandai, Chhattisgarh, 491444. ... Non-applicant(s) For Applicants : Mr. Devashish Tiwari, Advocate. For Non-applicant/State : Mr. Shubham Bajpai, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 29.07.2026 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023, for grant of regular bail to the applicants who have been arrested in connection with Crime No. 170/2026, registered at Police Station- Jalbandha, Khairagarh, District- Khairagarh-Chhuikhadan-Gandai, for the offences KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 punishable under Sections 118(1), 296, 115(2), 351(3) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. 2. The case of the prosecution, in brief, is that on 21.04.2026 at about 09:30 p.m., during the marriage ceremony of the daughter of Shravan Nishad at Village Ghumra, a dispute allegedly arose while the baratis were dancing to the DJ music after one Uttam Nishad accidentally pushed a member of the marriage procession. When the complainant, Daleshwar Nishad, intervened to pacify the matter, the present applicants along with the co-accused allegedly abused him in filthy language, threatened him with dire consequences and assaulted him by means of a sharp-edged weapon, causing injuries on his abdomen and back. It is further alleged that when Lomesh Verma and Jeerakhan Nishad intervened to rescue the complainant, they were also assaulted, resulting in injuries to them. On the basis of the report lodged by the complainant, the aforesaid crime was registered against the applicants. During investigation, the injured persons were medically examined, statements of the witnesses were recorded, memorandum statements of the accused persons were recorded, pursuant to which a sharp-edged cutter is alleged to have been recovered, the spot map was prepared and the applicants were arrested. However, the investigation is still in progress. 3. Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the present case. He submits that during investigation, the complainant Daleshwar 3 Nishad was medically examined and X-ray as well as sonography were conducted at Medical College, Rajnandgaon, whereas the injured witnesses Lomesh Verma and Jeerakhan Nishad were medically examined at Government Hospital, Khairagarh. He further submits that the X-ray reports of all the injured persons clearly reveal that no bone injury was found and all the injuries have been opined to be simple in nature. It is further submitted that although the alleged incident took place on 21.04.2026 at about 09:30 p.m., the FIR came to be registered only on 22.04.2026 at 11:47 a.m., reflecting a delay of about 14 hours in lodging the report. It is further submitted that the medical evidence itself does not disclose any grievous injury and the essential ingredients of grievous hurt are not prima facie attracted. Accordingly, it is prayed that the applicants be enlarged on regular bail. 4. On the other hand, learned State counsel opposes the prayer for grant of bail and submits that the applicants assaulted the complainant by using a sharp-edged weapon and caused injuries to him and the other injured persons. It is submitted that during investigation, a cutter was recovered pursuant to the memorandum statement of the applicants and sufficient material has been collected connecting them with the alleged offence. However, learned State counsel fairly submits that as per the medical examination reports, no bone injury has been found in the X-ray reports of any of the injured persons and the medical opinion as well as the query report indicate that the injuries sustained by them are simple in nature. However, he submits that considering the nature of 4 the allegations and the stage of investigation, the applicants are not entitled to the benefit of bail. 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 of allegations levelled against the applicants, the fact that as per the medical examination reports, no bone injury has been found in the X-ray reports of any of the injured persons and the query report also indicates that the injuries are simple in nature and further in the present case, charge-sheet has been filed before the competent Court and the applicants are in jail since 21.05.2026 thus without expressing any opinion on the merits of the case, this Court is inclined to extend the benefit of regular bail to the applicants. 7. Accordingly, the bail application of the applicants is allowed. 8. Let the applicants – Harsh Verma and Rajendra Nishad, involved in Crime No. 170/2026, registered at Police Station- Jalbandha, Khairagarh, District- Khairagarh-Chhuikhadan-Gandai, for the offences punishable under Sections 118(1), 296, 115(2), 351(3) and 3(5) of the Bharatiya Nyaya Sanhita, 2023, be released on bail on his furnishing a personal bond with two sureties each in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicants shall file an undertaking to the effect that they shall not seek any adjournment on the dates 5 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicants 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 applicants are 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 them in accordance with law. 6 9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice Kunal