RAKESH KUMAR YADAV vs STATE OF CHHATTISGARH

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CGHC010332132026 2026:CGHC:38360
NAFR
KUNAL
DEWANGAN
HIGH COURT OF CHHATTISGARH AT BILASPUR
Digitally
signed by
KUNAL
DEWANGAN
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

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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

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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

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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

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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

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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