Badal Verma S/o Bed Kumar Verma Aged About 21 Years R/o Gram - Devri v. State Of Chhattisgarh Through Police Station - Bhatapara
Case Details
1 2025:CGHC:48979 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6554 of 2025 Badal Verma S/o Bed Kumar Verma Aged About 21 Years R/o Gram - Devri, P.S. Bhatapara (Gramin), District - Balodabazar Chhattisgarh. --- Applicant versus State Of Chhattisgarh Through Police Station - Bhatapara ( Gramin ) , District- Balodabazar Chhattisgarh. --- Non-applicant Along with MCRC No. 6609 of 2025 Badal Verma S/o Bedkumar Verma Aged About 21 Years R/o Gram Devri, P.S. Bhatapara (Gramin), District Balodabazar (C.G.) ---Applicant Versus State Of Chhattisgarh Through Police Station Bhatapara (Gramin), District – Balodabazar (C.G.) ---- Non-applicant For Applicant For Non-applicant/State : : Dr. Sudeep Agrawal, Advocate.
Legal Reasoning
Mr. Swajeet Singh Ubeja, Panel Lawyer. RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI Hon'ble Shri Ramesh Sinha , Chief Justice 24.09.2025 Order on Board 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular 2 bail, as he has been arrested in connection with Crime Nos. 58/2025 and 59/2025, registered at Police Station – Bhatapara (Gramin), District – Balodabazar (C.G.) for the offence punishable under Sections 109(2), 296, 351(2), 191(2), 191(3) and 190 of the BNS, and Sections 109(1), 296, 115(2), 351(2), 191(2) and 191(3) of the BNS, respectively. 2. The case of the prosecution in MCRC No. 6554/2025, is that on 21.01.2025, complainant Domesh Sahu reported that after the CCTV camera at his uncle’s house was damaged, he suspected villager Aryan Dhruv and questioned him. At that time, Badal Verma recorded a video and, when objected to, later returned with associates Dharamraj, Rishabh Sahu, and others. They abused and threatened the complainant, whereupon Badal Verma attacked him with a knife causing injury to his hip, while Dharamraj and Rishabh assaulted him with sticks and others with fists, resulting in bleeding injuries. 3. The case of the prosecution in MCRC No. 6609/2025, is that on 21.01.2025, at about 6:45 p.m., during the village fair at Deori, complainant Kamlesh Verma along with his family was selling vegetables when applicant and other co-accused persons arrived, abused them in obscene language, threatened to kill them, and in furtherance of common intention, the accused persons assaulted them, and Dharamraj attempted to stab the complainant’s son-in-law, Devkumar Verma, with a knife. When resisted, all accused assaulted Devkumar repeatedly with sticks and blunt objects, causing head injuries and bleeding, while also assaulting his wife Vandana Verma and mother Yashoda Bai when they intervened. Thereafter, the accused proceeded to the complainant’s vegetable shop and further assaulted his father Rameshwar Prasad Verma, children, and nephew Jai Verma 3 with sticks and blunt objects. 4. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. It is further submitted that the crime has been registered twice and the charge-sheet could not be filed in this case as the co-accused persons are absconding, and as per the medical report the injuries sustained to the injured persons are simple in nature. There are 4 criminal antecedents of
Decision
the applicant out of which 3 cases have been disposed of. The applicant is in jail since 15.07.2025 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 5. On the other hand, the learned State counsel opposes the bail application and submits that the charge-sheet has not been filed in this case as the co-accused persons are absconding. It is further submitted that the applicant along with the co-accused persons are said to have assaulted the injured persons and their family members with knife, hands and fists, due to which they have received some injuries, therefore, he is not entitled for grant of bail. 6. 7. I have heard learned counsel for the parties and perused all of the documents available on record. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that there are 4 criminal antecedents of the applicant out of which 3 cases have been disposed of, the crime has been registered twice and the charge-sheet could not be filed in this case as the co-accused persons are absconding, and as per the medical report the injuries sustained to the injured persons are simple in nature, the applicant is in 4 jail since 15.07.2025 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 8. Let applicant, Badal Verma, involved in Crime Nos. 58/2025 and 59/2025, registered at Police Station – Bhatapara (Gramin), District – Balodabazar (C.G.) for the offence punishable under Sections 109(2), 296, 351(2), 191(2), 191(3) and 190 of the BNS, and Sections 109(1), 296, 115(2), 351(2), 191(2) and 191(3) of the BNS, respectively, 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 sufÏcient cause, the trial court may proceed against him 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 him, 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 5 statement under Section 351 of BNSS. If in the opinion of the trial court absence of the applicant is deliberate or without sufÏcient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 9. OfÏce 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 Rajshekhar