1 CGHC010332132026 2026:CGHC:38360 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7981 of 2026 Rakesh Kumar Yadav S/o Panchu Yadav, Aged About 25 Years R/o Talab Para, Ganganagar Bhanpuri, P. S. Khamtari, District Raipur (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through The Station House Officer, Police Station Suhela, Distt.- Balodabazar - Bhatapara (C.G.) ... Non-applicant(s) For Applicant : Mr. Pragalbha Sharma, Advocate For Non-applicant/State : Mr. Shailendra Sharma, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 31.08.2026 1. This is the first bail application filed under Section 483 of the BNSS for grant of regular bail to the applicant, who has been arrested in connection with Crime No. 98/2026 registered at Police Station – Suhela, District Balodabazar-Bhatapara (C.G.), for the offences punishable under Sections 351(3), 324(2), 296, 191(2), 191(3), 190, 109(1) and 115(2) of the BNS, 2023. 2. As per the prosecution story, on 04.06.2026 at about 06:00 p.m., the complainant Karan Kumar Gendre was going towards the pond when he met his paternal aunt's son Ramesh Anant, who allegedly KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 abused him and threatened him with dire consequences. Thereafter, at about 07:15 p.m., when the complainant returned home, a dispute took place between his mother and the mother of Ramesh Anant. It is alleged that thereafter co-accused Kamlesh Anant abused and assaulted the complainant and subsequently called his brothers and other associates. At about 12:30 a.m., Ramesh Anant, Kamlesh Anant, Dageshwar Anant and their other associates including present applicant allegedly came to the house of the complainant and started banging the door with sticks. When the complainant's father Khilawan Das Gendre came out, they allegedly assaulted him with lathi, danda and tangiya with an intention to cause his death, resulting in serious injuries on his head and neck. When the complainant, his mother and his brother attempted to intervene, they were also allegedly assaulted. It is further alleged that the accused persons damaged the glass of the car bearing registration No. CG-13-J-2222 belonging to the complainant's uncle by hitting it with a lathi. During investigation, blood-stained soil and plain soil were seized from the spot and the blood-stained clothes of injured Haridas Gendre and Khilawan Das Gendre were also seized. The accused persons were interrogated and their memorandum statements were recorded, pursuant to which the danda, tangiya and blood-stained clothes worn at the time of the incident were seized at their respective instances. Thereafter, the provisions of Sections 191(2), 191(3) and 190 of the BNS were added. The applicant and other accused persons were arrested on 06.06.2026 and after completion of investigation, charge-sheet has 3 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. It is further submitted that the applicant has neither committed nor participated in any such act as alleged by the prosecution. He further submits that, as per the medical documents of MRM Multispeciality Hospital, Kharora, the injured Khilawan Das Gendre was conscious and stable at the time of admission and his vital parameters were normal. It is further submitted that the incident arose out of a sudden quarrel between the parties, who are closely related and reside in the same village. He also submits that there is no specific overt act attributed to the present applicant regarding the use of the tangiya or the particular blow which caused the alleged injury to the injured. It is further submitted that the injured was discharged from the hospital within five days, from 05.06.2026 to 10.06.2026. Learned counsel further submits that the FIR was initially lodged against the principal parties and the applicant has not been named in the FIR, whereas the bail applications of the co- accused persons namely Kamlesh Anant, Ramesh Anant and Dageshwar Anant, who were named in the FIR, have already been rejected by this Court in MCRC No. 7678/2026 vide order dated 24.08.2026. Therefore, the case of the present applicant is distinguishable from that of the said co-accused persons. It is further submitted that the investigation is complete and charge- sheet has already been filed before the competent Court and the applicant is in custody since 06.06.2026. Hence, he may be 4 enlarged on bail. 4. On the other hand, learned State counsel opposes the prayer for grant of bail and submits that though the applicant has not been named in the FIR, however, as per the statement of the injured, the present applicant also participated in the incident along with the co- accused persons. It is further submitted that the injured Khilawan Das Gendre sustained serious injuries on his head and neck and was required to be admitted in MRM Multispeciality Hospital, Raipur, where he remained under treatment from 05.06.2026 to 10.06.2026. He further submits that the weapons used in the commission of the offence, i.e. danda and tangiya, along with blood- stained clothes, were also seized. It is further submitted that the bail applications of the co-accused persons namely Kamlesh Anant, Ramesh Anant and Dageshwar Anant have already been rejected by this Court in MCRC No. 7678/2026 vide order dated 24.08.2026 and the case of the present applicant is similarly situated to the said co-accused persons. Therefore, looking to the gravity of the offence and the nature of injuries sustained by the injured, the applicant is not entitled for grant of 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, nature and gravity of the allegations levelled against the applicant and further considering that, as per the prosecution case, the applicant along with the co-accused persons allegedly participated 5 in the assault upon the complainant and his family members, the injured Khilawan Das Gendre sustained multiple injuries over the head, neck, shoulder and left hand and the MLC and subsequent medical documents prima facie disclose a fracture involving the parietal bone, indicating grievous injuries. The medical evidence, therefore, prima facie corroborates the prosecution case and demonstrates the seriousness of the assault. Further considering that blood-stained soil and clothes of the injured was seized from the spot and the danda and tangiya, along with blood-stained clothes of the accused persons, were seized pursuant to their memorandum statements, and also considering that the bail applications of co-accused Kamlesh Anant, Ramesh Anant and Dageshwar Anant, who were named in the FIR, have already been rejected by this Court in MCRC No. 7678/2026 vide order dated 24.08.2026 and the case of the present applicant cannot be considered on a better footing merely on the ground that he was not named in the FIR, particularly when his participation is alleged in the statement of the injured. The plea of sudden quarrel between the parties and the defence regarding the nature of injuries are matters to be appreciated during trial. Considering the gravity of the allegations, the manner of assault, the grievous injuries sustained by the injured and the prima facie material available against the applicant, this Court is not inclined to grant bail to the present applicant. 7. Accordingly, the bail application of the applicant namely Rakesh Kumar Yadav, involved in Crime No. 98/2026 registered at Police 6 Station – Suhela, District Balodabazar-Bhatapara (C.G.), for the offences punishable under Sections 351(3), 324(2), 296, 191(2), 191(3), 190, 109(1) and 115(2) of the BNS, 2023. is hereby 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 and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Kunal