Facts
The applicants filed a first bail application following their arrest on January 30, 2026, for an incident occurring on January 18, 2026
Source reference: para. 1, 3According to the prosecution, the incident was preceded by a dispute on January 17, 2026, regarding a cow entering a field
Source reference: para. 2On the following day, the applicants allegedly accosted the complainant, Omkar Verma; applicant Narottam Verma restrained the victim while applicant Rakesh Verma assaulted him with a screwdriver, causing multiple injuries
Source reference: para. 2, 4The applicants contended that the complainant’s side were the aggressors and that they had filed a cross-FIR
Source reference: para. 3They further argued that the victim had been discharged from the hospital the next day and the injuries were not life-threatening
Source reference: para. 3Conversely, the State presented medical evidence detailing severe internal trauma to the victim's kidney, lungs, and spine
Source reference: para. 4Issues
Whether the applicants are entitled to the grant of regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, considering the gravity of the allegations and the medical evidence on record
Source reference: para. 1, 6Law Applied
The Court considered the provisions for regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS)
Source reference: para. 1The substantive charges were registered under Sections 296 (Obscene acts), 351(3) (Criminal intimidation), 118(1) & 118(2) (Voluntarily causing grievous hurt by dangerous weapons), and 3(5) (Acts done by several persons in furtherance of common intention) of the Bharatiya Nyaya Sanhita, 2023 (BNS)
Source reference: para. 1The Court applied the principle that the severity of the injuries, the nature of the weapon used, and the vital nature of the body parts targeted are primary factors in evaluating a bail plea
Source reference: para. 6Reasoning
The Court balanced the applicants' arguments—specifically the filing of a charge-sheet, lack of criminal antecedents, and the existence of a counter-case—against the severity of the physical assault
Source reference: para. 3, 6The Court emphasized the Medico-Legal Certificate (MLC) report, which contradicted the applicants' claim that the injuries were minor; the report evidenced four stab wounds and critical internal injuries, including a Grade II renal laceration, pneumothorax (collapsed lung), hemothorax, and a spinal injury (Grade I anterolisthesis)
Source reference: para. 4, 6The Court reasoned that the use of a screwdriver to inflict wounds on vital regions like the chest and abdomen demonstrated a violent intent and a life-threatening level of force
Source reference: para. 4Furthermore, the recovery of the weapon at the instance of the applicants was deemed sufficient prima facie evidence of their active involvement, outweighing the arguments for release
Source reference: para. 4, 6Holding
The Court held that the gravity of the offense and the life-threatening nature of the multiple grievous injuries rendered this an unfit case for bail
The application for regular bail was rejected
Source reference: para. 7However, the Court granted the trial court the liberty to proceed with and conclude the trial expeditiously
Source reference: para. 8Original Court PDF
RAKESH VERMAvsSTATE OF CHHATTISGARH
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