KHILESH VERMA ALIAS SUNNY v. STATE OF CHHATTISGARH
MCRC/6909/2026 · 2026-07-29
body2026
DailyLaw.ai
[ 2026 DAILYLAW 29986 (CHH) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 29986 (CHH) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
1
CGHC010292122026
2026:CGHC:32940
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6909 of 2026 Khilesh Verma Alias Sunny S/o Gopal Verma Aged About 19 Years R/o Old Basti, Jhanda Chowk, Village Kurud, P.S. Jamul, Tahsil And District Durg Chhattisgarh (Name Is Wrongly Mentioned In F I R As Khileshwar Verma)
... Applicant versus State Of Chhattisgarh Through Station House Officer/ Thana Incharge, Police Station Jamul, District Durg Chhattisgarh
... Non-Applicant For Applicant : Shri Sandeep Jha, Advocate. For Non-Applicant : Miss Samiksha Gupta, PL. Hon'ble Shri
Ramesh Sinha
, Chief Justice
Order on Board
30/07/2026
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 applicant who has been arrested in connection with Crime No.124/2026 registered at Police Station Jamul, District Durg (C.G.) for the offence under Sections 296, 115 (2), 351 (3), 118 KRISHNA KUMAR BARVE Digitally signed by KRISHNA KUMAR BARVE Date: 2026.07.31 11:10:12 +0530
2 (2), & 109 (1) of the BNS and under Sections 25 & 27 of the Arms Act. 2. The prosecution case, in brief, is that complainant Kameshwar Nishad had lodged an FIR against the present applicant with the concerned Police Station stating that the complainant is residing at near Dhor Talab Village Kurud and working as labour. On 22.02.2026, the complainant along with his friend namely, Avon Sahu went to Jhanda Chowk in the car of Avon Sahu. The other people namely Govind Sahu Narendra Nishad, Bhunesh Nishad @ Bhunnu were also present. At about 8.30 pm near Jhanda Chowk in front of Chandan Kirana Store, the complainant and Govind Sahu were smoking. At that time they saw the mother of the present applicant with whom Govind Sahu was trying to compromise regarding the earlier dispute. At that point of time the present applicant came with pipe and said that there would be no compromise regarding the earlier dispute and started using abusive language and with the help of the pipe committed Marpeet with them. On witnessing the same, the complainant came to car and brought other friends to stop them. Thereafter, the present applicant with the help of button knife assaulted Govind sahu due to which he received injuries on his back bone, near armpit and mouth. The said Avon Sahu also received injuries as he was trying to intervene.
Thereafter the FIR was registered against the applicant. Hence the bail application. 3
3. It has been argued by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the crime. It is further contended that mother of the applicant was being abused and assaulted by the two injured persons wherein the present incident has taken place. Mother of the applicant has lodged an FIR against the two injured persons which was registered as Crime No.125/2026 on 23.2.2026 at 1.16 hours for offence under Sections 296, 351(3), 115(2) & 3(5) of the BNS for an incident dated 22.2.2026. It is further contended that because of the said incident, the applicant has assaulted the injured with sharp edged weapon. One injured has received knife injury whereas the other injured received injury on the back side of his head. Therefore, as a counterblast, the present FIR has been lodged. The applicant is in jail since 23.2.2026. Therefore, the applicant may be released on bail. 4. On the other hand, learned counsel appearing for the State/non- applicant would oppose the bail application and submit that the charge sheet has been submitted against the applicant and looking to the injuries sustained by the injured persons, the applicant may not be released on 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, and the fact that the charge sheet has already been submitted
4 against the applicant and the fact that mother of the applicant was being abused and assaulted by the two injured persons wherein the present incident has taken place, mother of the applicant has lodged an FIR against the two injured persons which was registered as Crime No.125/2026 on 23.2.2026 at 1.16 hours for offence under Sections 296, 351(3), 115(2) & 3(5) of the BNS for an incident occurred on 22.2.2026, whereas as a counterblast, the present FIR has been lodged, the applicant is in jail since 23.2.2026 and conclusion of trial is likely to take some time, this Court is of the view that the applicant is entitled to be released on bail in the present case. 7. Let the Applicant – Khilesh Verma Alias Sunny, involved in Crime No.124/2026 registered at Police Station Jamul, District Durg (C.G.) for the offence under Sections 296, 115 (2), 351 (3), 118 (2), & 109 (1) of the BNS and under Sections 25 & 27 of the Arms Act, 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:- (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
5 through their counsel. In case of his absence, without sufficient cause, the trial court may proceed against them 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 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. 8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance. -
Sd/- (Ramesh Sinha)
Chief Justice Barve