Citation : 2026 Latest Caselaw 1913 Chatt
Judgement Date : 21 April, 2026
1
2026:CGHC:18139
Digitally
signed by
ARPAN
ARPAN SRIVASTAVA
SRIVASTAVA Date: NAFR
2026.04.22
20:09:55
+0530
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRCA No. 591 of 2026
1 - Uma Shankar @ Tinku Verma S/o Mansingh Verma Aged About
46 Years R/o Village- Boriyakala, Thana Mujgehan, Distt.- Raipur
(C.G.).
2 - Sanjay Verma S/o Mansingh Verma Aged About 44 Years R/o
Village- Boriyakala, Thana Mujgehan, Distt.- Raipur (C.G.).
3 - Dharmendra Verma S/o Mansingh Verma Aged About 51 Years
R/o Village- Boriyakala, Thana Mujgehan, Distt.- Raipur (C.G.).
4 - Upendra Verma S/o Lt. Kanhaiya Lal Verma Aged About 57
Years R/o Village- Boriyakala, Thana Mujgehan, Distt.- Raipur
(C.G.).
5 - Tarun Verma S/o Mahendra Verma Aged About 39 Years R/o
Village- Boriyakala, Thana Mujgehan, Distt.- Raipur (C.G.).
6 - Gulab Chand Verma S/o Samaru Ram Verma Aged About 58
Years R/o Village- Boriyakala, Thana Mujgehan, Distt.- Raipur
(C.G.)
... Applicants
versus
1 - State Of Chhattisgarh Through S.H.O. Police Station- Kharora,
Distt.- Raipur (C.G.)
... Respondent
For Applicants : Mr. Shubham Tripathi, Advocate For State/Respondent : Mr. Anusha Naik, Dy. G.A.
Hon'ble Shri Ramesh Sinha, Chief Justice Order on Board
21/04/2026
1. This first anticipatory bail application under Section 482 of
the Bhartiya Nagarik Suraksha Sanhita, 2023 has been filed
by the applicant, who is apprehending his arrest in
connection with Crime No.76/2026 registered at Police
Station -Kharora, Distt. Raipur (C.G.) for the offences
punishable under Sections 115(2), 296, 3(5), 351(2), 118(1)
and 333 of BNS.
2. Case of the prosecution, in brief, as per the prosecution case,
an FIR was lodged by the complainant, Himanshu Verma,
stating that on 05.02.2026 at about 9:30 PM, a marriage
procession consisting of Tinku Verma, a relative of Medini
Verma from Village Boria, Raipur, along with his family
members, had come to the house of Bhanu Verma in Village
Ganiyari. It is alleged that after the welcome of the marriage
procession, while the procession was proceeding, an
altercation arose amongst certain members of the wedding
party. At that time, the complainant's nephew, Rakesh Verma,
was present at the spot, whereupon his father, Danendra
Verma, took him towards the house. The prosecution alleges
that members of the wedding party, under a mistaken belief,
followed them, started abusing and extending threats to kill,
and assaulted Danendra Verma and the complainant with
hands and fists. It is further alleged that thereafter Tinku
Verma and other members of his family joined the incident
and assaulted the complainant's father, Tok Singh, and elder
brother, Hemu Verma. When Aditya Verma and Lekh Ram
Sahu intervened to pacify the matter, they were also
assaulted. As a result of the incident, the complainant
sustained injuries on his chest, neck, and back, while Aditya
Verma and Lekh Ram Sahu sustained injuries on their
heads. On the basis of these allegations, the FIR has been
registered against the present applicants.
3. Learned counsel for the applicants submits that the
applicants are innocent and have been falsely implicated. It is
contended that a counter FIR dated 07.02.2026 in Crime No.
80/2026 has been lodged by the applicants' side, indicating
that the complainant was the aggressor and that the incident
occurred due to a sudden quarrel during the marriage
procession. It is further submitted that the complainant and
his companions assaulted the applicants and caused damage
to vehicles engaged in the procession. It is also pointed out
that applicant No. 2, Sanjay Verma, has recently undergone a
hernia operation and is under medical treatment, and his
arrest may adversely affect his health. It is further contended
that the complaint has been lodged due to personal enmity
arising out of a local election dispute. Lastly, it is submitted
that the applicants are permanent residents, there is no
likelihood of their absconding or tampering with evidence,
and they are ready to cooperate with the investigation and
abide by all conditions imposed by this Court, hence, the
present applicants are also entitled to be released on
anticipatory bail.
4. Learned counsel for the State opposes the bail application
and submits that the applicants are specifically named in the
FIR and have actively participated in the assault, causing
multiple injuries to the complainant and other persons, which
is supported by medical evidence. It is further contended that
although most of the offences are bailable, the offence under
Section 333 of the BNS is non-bailable, and therefore,
considering the gravity of the allegations, the applicants are
not entitled to grant anticipatory bail.
5. I have heard learned counsel for the parties and perused the
materials available on record.
6. Considering the overall facts and circumstances of the case,
particularly that the incident appears to have arisen out of a
sudden quarrel during a marriage procession that a counter
FIR has also been lodged indicating a case and counter-case
that the applicants are permanent residents with no
likelihood of absconding or tampering with evidence and
without expressing any opinion on the merits of the case, this
Court is of the considered view that custodial interrogation of
the applicants are not warranted at this stage, therefore, I am
inclined to grant anticipatory bail to the present applicant.
7. Accordingly, the instant MCRCA is allowed and it is directed
that in the event of arrest of the applicant No.1- Uma
Shankar, applicant No.2 - Sanjay Verma, applicant No.3-
Dharmendra Verma, applicant No.4- Upendra Verma,
applicant No.5- Tarun Verma, applicant No.6- Gulab Chand
Verma, on executing a personal bond and one surety each
respectively in the like sum to the satisfaction of the arresting
Officer, he shall be released on bail on the following
conditions:-
(a) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court.
(b) The applicant shall not act in any manner which will be prejudicial to fair and expeditious trial.
(c) The applicant shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial.
(d) The applicant and the surety shall submit a copy of their adhaar card along with a coloured postcard full size photo having printed the adhaar number on it, which shall be verified by the trial Court.
(e) The applicant shall not involve himself in any offence of similar nature in future.
Sd/-
(Ramesh Sinha) Chief Justice
Arpan
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