Research › Search › Judgment

High Court of Chhattisgarh · body

2026 DAILYLAW 6116 (CHH)

BHAGIRATHI YADAV v. THE STATE OF CHHATTISGARH

MCRC/3113/2026 · 2026-04-07

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2026:CGHC:16124 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3113 of 2026 Bhagirathi Yadav S/o. Shri Bedram Yadav Aged About 58 Years R/o. Village Maldi, Thana- Bilaigarh, Distt.- Sarangarh-Bilaigarh (C.G.) ... Applicant versus The State of Chhattisgarh Through- Station House Officer Police Station- Bilaigarh, Distt.- Sarangarh-Bilaigarh (C.G.) ... Non-Applicant For Applicant : Mr. Sunil Sahu, Advocate. For Non-Applicant/State : Mr. Shubham Bajpai, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 08.04.2026 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. 06/2026, registered at Police Station – Bilaigarh, District- Sarangarh-Bilaigarh (C.G.) for the offence punishable under Sections 126(2), 191(2), 191(3), 190, 118(1), 109(1) and 61(2) of Bharatiya Nyaya Sanhita, 2023. 2. The prosecution story, in brief, is that the complainant, Puleshwar Verma, aged about 28 years, lodged a written report on 03.01.2026 stating that on the same day, he, along with Ramvilas and Pramod Sahu, went to village Daubandhan. Dhananjay Yadav had informed him over the telephone that Sarpanch Ramswaroop Sahu and his family members were planning to murder him. Upon receiving this information, he informed PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2026.04.09 13:26:51 +0530 2 his friends. While returning to his house, near the residence of Paras Yadav, co-accused Sahettar Lal Sahu stopped him and started a dispute, questioning why he was objecting to the Sarpanch in performing his duties. During the altercation, Sahettar Lal Sahu allegedly caused injury to him with a knife. It is further stated in the report that Yogeshwar Verma, the brother of the injured, intervened. The complainant then informed his family members about the incident and proceeded towards the police station along with his father and uncle. On the way, near the house of Sammelal Sahu, Daras Yadav, along with his associates Vijay Sahu, Ajay Sahu, Bhagirathi Yadav, Umesh Sahu, Harish Sahu, Deepak Yadav, and Sahettar Sahu, assaulted them with clubs, questioning why they were going to lodge the report. On the basis of the said report, the police registered Crime No. 06/2026 against eight persons. The applicant was arrested on 03.01.2026, and after completion of the investigation, a charge-sheet has been filed. 3. It is argued by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. He further submits that there is a cross-report of the incident and that both sides have sustained injuries. As far as the applicant’s side is concerned, only simple injuries were received. It is also submitted that the applicant has lodged an FIR against the complainant in the present case, in which three persons were injured one sustained simple injuries and two sustained grievous injuries. The applicant is alleged to have assaulted with hands and a stick. Further, the charge-sheet has been filed, the applicant has no previous criminal antecedents, and he has been in jail since 04.01.2026. As the conclusion of the trial is likely to take some time, learned counsel prays for grant of bail. 4. On the other hand, the learned State counsel opposed the bail application 3 and submitted that the charge-sheet has been filed in the present case. 5. I have heard learned counsel for the parties and perused the documents available on record. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that there is a cross-report of the incident and that both sides have sustained injuries and, the applicant is alleged to have assaulted with hands and a stick, further, the charge-sheet has been filed, the applicant has no previous criminal antecedents, and he has been in jail since 04.01.2026, and the conclusion of the trial will take some time, this Court is of the opinion that the applicant is entitled to be released on bail. 7. Accordingly, the bail application is allowed. 7. Accordingly, the bail application is allowed. Let the applicant - Bhagirathi Yadav, involved in Crime No. 06/2026, registered at Police Station – Bilaigarh, District- Sarangarh-Bilaigarh (C.G.) for the offence punishable under Sections 126(2), 191(2), 191(3), 190, 118(1), 109(1) and 61(2) of Bharatiya Nyaya Sanhita, 2023, be released on bail on his furnishing a 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 through his counsel. In case of his absence, without sufficient cause, 4 the trial court may proceed against his 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 his, 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 applicant is 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 his 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 forthwith. Sd/- (Ramesh Sinha) Chief Justice Preeti