RAJESH KUMAR KURRE vs STATE OF CHHATTISGARH

1

CGHC010214672026 2026:CGHC:45242
NAFR
KUNAL
DEWANGAN
HIGH COURT OF CHHATTISGARH AT BILASPUR
Digitally
signed by
KUNAL
DEWANGAN
MCRC No. 5630 of 2026
Rajesh Kumar Kurre S/o Virendra Kumar Kurre Aged About 29 Years R/o
Bilari, P.S. Sheorinarayan, Distt. Janjgir Champa, Chhattisgarh.
... Applicant(s)
versus
State Of Chhattisgarh Through Station House Officer, P.S.
Sheorinarayan, Distt. Janjgir Champa, Chhattisgarh.
... Non-Applicant(s)
For Applicant : Mr. V.R. Tiwari, Senior Advocate along with
Mr. Atul K. Kesharwani, Advocate.
For Non-Applicant/State : Mr. Dharmesh Shrivastava, Dy. Adv. Gen.
For Objector : Mr. Ravindra Sharma, Advocate.
Hon'ble Mr. Rakesh Mohan Pandey, Judge
Order on Board
27/10/2026
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.
208/2025, registered at Police Station Sheorinarayan, District
Janjgir-Champa (C.G.), for the offences punishable under Sections
191(2), 191(3), 109(1), 103(1) and 61(2) of the BNS.
2. The prosecution story, in brief, is that on 02.06.2025, at about 9:00

2
a.m., a dispute arose between the complainant Kishore Kumar
Kurre and his family members regarding partition of ancestral
property at Village Bilari. It is alleged that the present applicant,
along with other co-accused persons, formed an unlawful assembly
and assaulted the complainant and his family members with deadly
weapons, including a knife, a sharp-edged weapon and sticks. In
the said incident, Naresh Kurre sustained grievous injuries and
subsequently succumbed to them during treatment, whereas
Kishore Kumar Kurre, Krishna Kumar Kurre and Rani Kurre also
sustained injuries. Based upon the report, the aforesaid offence was
registered against the applicant and other co-accused persons.
3. Learned Senior Advocate appearing for the applicant would submit
that the applicant is innocent and has been falsely implicated in the
present case. He would further submit that the incident arose out of
a sudden family dispute regarding partition of land and there is no
cogent evidence to establish that the applicant inflicted any fatal
injury upon the deceased. He would further submit that a counter
FIR bearing Crime No. 209/2025 was lodged by the applicant's
father against members of the complainant party, wherein the
learned trial Court has taken cognizance and framed charges under
Section 109(1) of the BNS against the complainant/accused
persons wherein, they have been granted bail. The applicant
himself sustained grievous injuries on his head during the incident.
He would further submit that no weapon has been recovered from
the possession or at the instance of the applicant. The co-accused
persons, namely Virendra Kumar Kurre, Kanti @ Sushila and

3
Ramshankar Turi, have already been granted bail by Co-ordinate
Bench of this Court and therefore, the applicant is also entitled to
bail on the ground of parity and in the present case, charge-sheet
has already been filed, the applicant is in jail since 05.06.2025 and
so far as the status of the trial is concerned, out of 37 prosecution
witnesses, only 9 have been examined so far. Thus, the conclusion
of trial is likely to take considerable time. Therefore, he prays for
grant of bail.
4. On the other hand, learned State counsel as well as learned counsel
for the objector would vehemently oppose the prayer for grant of
bail and submit that the present applicant, along with co-accused,
actively participated in the assault upon deceased Naresh Kurre by
means of deadly weapons, resulting in his death. They would further
submit that the co-accused persons who have been granted bail
stand on a different footing, as the specific allegations of causing
fatal injuries are against the present applicant and co-accused
Rakesh Kurre (whose bail application has been dismissed by a Co-
ordinate Bench of this Court for want of prosecution). It is further
fairly submitted that the accused persons/complainant party in the
counter-case lodged by the applicant’s side, have been enlarged on
bail by the learned trial Court. Considering the nature and gravity of
the offence and the specific role attributed to the applicant, the bail
application deserves to be dismissed.
5. I have heard learned counsel appearing for the parties and perused
the case diary as well as the material available on record.
6. Having considered the facts and circumstances of the case, nature

4
and gravity of the offence, particularly the fact that the present
applicant, along with co-accused, is alleged to have actively
participated in the assault upon deceased Naresh Kurre with deadly
weapons, resulting in grievous injuries and his subsequent death,
this Court finds that the role attributed to the present applicant is
distinguishable from that of the co-accused persons who have
already been granted bail. Therefore, the ground of parity is not
available to the applicant. Though a counter-case has also been
registered and the applicant has been in custody since 05.06.2025,
out of 37 prosecution witnesses, 9 have already been examined,
including eyewitnesses to the incident. The credibility and reliability
of the evidence cannot be appreciated in detail at this stage, as the
same is a matter of trial. Thus, considering the specific allegations
against the applicant and the overall facts and circumstances of the
case, this Court does not find any good ground to enlarge the
applicant on bail.
7. Accordingly, the instant bail application filed by the applicant,
involved in Crime No. 208/2025, registered at Police Station
Sheorinarayan, District Janjgir-Champa (C.G.), for the offences
punishable under Sections 191(2), 191(3), 109(1), 103(1) and
61(2) of the BNS., is hereby rejected .
- S/- Sd/-
(Rakesh Mohan Pandey)
Judge
Kunal