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2026 DAILYLAW 32639 (CHH)

JAGGU NISHAD @ JAGESHWAR NISHAD v. STATE OF CHHATTISGARH

MCRC/7524/2026 · 2026-08-20

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Judgment text

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1 CGHC010315302026 2026:CGHC:37562 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7524 of 2026 Jaggu Nishad @ Jageshwar Nishad S/o Santosh Nishad Aged About 19 Years R/o Village Mudipar Tehsil Khairagarh District- Khairagarh Chhuikhadan - Gandai (C.G.) ... Applicant versus State of Chhattisgarh Through Police Station Gatapar, District- Khairagarh Chhuikhadan - Gandai (C.G.) ... Non-Applicant For Applicant : Mr. Pranay Gupta, Advocate For Non-Applicant/State : Mr. Shangharsh Pandey, Govt. Advocate Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 21.08.2026 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), for grant of regular bail, as he has been arrested in connection with Crime No. 29/2026 registered at Police Station - Gatapar, District- Khairagarh-Chhuikhadan-Gandai, (C.G.) for the o9ence punishable under Sections 296, 115(2), 351(3), 109, 324(5), 3(5), 191(2), 193(3), 190 and 238 of Bharatiya Nyaya Sanhita, 2023. RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 2. As per the prosecution story, in brief, is that on 23.04.2026, the complainant, Kamlesh Verma, lodged FIR No. 29/2026 at Police Station Gatapar, alleging that during a wedding procession (baraat) at Village Mudhipar on the night of 22.04.2026, a group of youths riding a motorcycle demanded passage through the dancing crowd while using abusive language. When the complainant, Raja Verma and Mahendra Verma intervened, an altercation ensued. Thereafter, after about 10–15 minutes, the said youths returned along with other persons, whereupon the present applicant allegedly threatened Raja Verma and stabbed him in the abdomen with a steel knife measuring about 10.5 inches, causing serious injuries, profuse bleeding and loss of consciousness. It is further alleged that the applicant assaulted the complainant Kamlesh Verma with the said knife, causing injuries to his hand, head and face. When the injured Raja Verma was being taken to the hospital in a Scorpio vehicle, the applicant allegedly obstructed the vehicle and smashed its windshield and side glass with an iron rod, as a result of which the driver also sustained injuries and the vehicle slid into a drain. Raja Verma was thereafter provided emergency medical treatment at AIIMS, Raipur, from 23.04.2026 to 07.05.2026. Accordingly, Crime No. 29/2026 was registered at Police Station Gatapar, and after completion of investigation, charge-sheet has been @led against the applicant for the o9ences punishable under Sections 296, 115(2), 351(3), 109, 324(5), 3(5), 191(2), 193(3), 190 and 238 of the Bharatiya Nyaya Sanhita, 2023. Hence, the bail application. 3 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, as per the medical report, no grievous injury has been found on the body of the victim, the name of the applicant does not @nd mention in the FIR, which was lodged against four persons by name, and the alleged weapon has not been seized from the possession of the applicant. It is also submitted that the applicant is a young man aged about 19 years and has no criminal antecedents. He further submits that both the complainants have @led compromise aDdavits before the Court below, copies whereof have been collectively @led as Annexure A/3. It is further submitted that the co-accused persons, namely, Punam Sinha and Gulshan Sinha, have already been enlarged on bail by this Court in M.Cr.C. No. 7436/2026 vide order dated 12.08.2026. It is submitted that the applicant has no previous criminal antecedents, the charge-sheet has already been @led, and the trial is likely to take considerable time for its conclusion. Therefore, he prays for grant of bail to the applicant. 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. He further submits that the allegations against the present applicant are serious and speci@c in nature, as the applicant himself is alleged to have stabbed the injured Raju Verma in his stomach with a knife, causing serious injuries, and to have thereafter assaulted the complainant. It is further submitted that though the co-accused persons, namely 4 Punam Sinha and Gulshan Sinha, have been granted bail by this Court, the said order was passed considering that the allegation was directed against the main accused, Jaggu Nishad, who is the present applicant, who had allegedly stabbed the injured Raju Verma in the stomach. Therefore, the parity claimed by the applicant with the said co-accused persons is not applicable. Therefore, he prays that the present applicant is 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, the nature and gravity of the allegations and the material available on record, and further considering the fact that though the two co-accused persons, namely, Punam Sinha and Gulshan Sinha, have already been granted bail by this Court in M.Cr.C. No. 7436/2026 vide order dated 12.08.2026, the said order was passed speci@cally considering that the allegation therein was directed against the main accused, Jaggu Nishad, who had allegedly stabbed the injured Raju Verma in his stomach. The present applicant is the said Jaggu Nishad and, therefore, stands on a materially di9erent footing from the co-accused persons who have been granted bail. Further considering that the applicant is speci@cally alleged to have threatened the injured and stabbed him in the abdomen with a steel knife, resulting in profuse bleeding, loss of consciousness and serious injuries, for which the injured was required to undergo 5 treatment at AIIMS, Raipur from 23.04.2026 to 07.05.2026. The applicant is further alleged to have assaulted the complainant with the knife and thereafter obstructed the Scorpio vehicle carrying the injured and damaged its windshield and side glass with an iron rod, causing further injuries. Thus, a speci@c and direct role has been attributed to the present applicant, who is alleged to be the principal/main assailant in the incident. Having regard to the nature of the accusations, the manner of commission of the alleged o9ence, the injuries sustained by the victim and the fact that the applicant is the main accused against whom the principal allegation of stabbing has been levelled, 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 applicant – Jaggu Nishad @ Jageshwar Nishad, involved in Crime No. 29/2026 registered at Police Station - Gatapar, District- Khairagarh-Chhuikhadan-Gandai, (C.G.) for the o9ence punishable under Sections 296, 115(2), 351(3), 109, 324(5), 3(5), 191(2), 193(3), 190 and 238 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. ODce 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