1 2025:CGHC:22637 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3024 of 2025 Nikhil Kumar Uike S/o Sanat Kumar Uike Aged About 27 Years R/o Government Residential Colony, H-15 Agricultural College Kumhrawand, District Bastar (C.G.) ... Applicant versus State of Chhattisgarh Through Station House Officer, Police Station Fraserpur, District Bastar (C.G.) ... Non-applicant For Applicant : Mr. Sourabh Kumar Verma, Advocate. For Non-Applicant/State : Ms. Monika Thakur, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 09.06.2025 1. This is the First bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 62/2025 registered at Police Station – Fraserpur, District Bastar (C.G.), for the offences punishable under Sections 296, 115(2), 351(1), 331(6), 74, 75(1) of the Bhartiya Nyaya Sanhita, 2023. 2. As per the prosecution, the brief facts of the case, as gathered from the case diary, are that the victim submitted a written complaint on ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.06.11 10:45:03 +0530 2 17.03.2025 at Police Station Fraserpur/Parapa, District Bastar, Chhattisgarh. She stated that she is employed as a Livestock Promoter at the Agricultural College and resides in the government residential colony. Due to a holiday on account of Holi, she had taken audit-related work to her government quarters to complete it. On 14.03.2025, at around 10:00 PM, after finishing her work and preparing to sleep, she heard a knock at the door. Upon checking, she found one Nikhil Uike, a resident from the floor below, standing outside. On being asked the reason for his visit, he requested a glass of water. As she turned to bring water, he allegedly barged into the room, brandished a knife, and stated, ‘I see you on the terrace every day. I like you.’ The victim protested, saying she was older than him. He allegedly threatened her to remain silent or he would slit her throat, closed the door, and began to touch her inappropriately. It is further alleged that he dragged her into another room, switched off the lights, removed his pants, and asked her to perform oral sex. The victim pleaded with him, stating that she was about to get married, but he tried to forcibly establish physical relations with her. He reportedly abused her and used derogatory language towards her and her family. Thereafter, he allegedly took her to the terrace at knife-point, attempted to remove her undergarments, and tried to force himself upon her again. Subsequently, he brought her back to the bedroom, snatched her phone, and threatened to kill the person she was going to marry if she disclosed the incident to anyone. He also allegedly attempted to forcefully take a selfie with her. When she resisted, he stabbed her 3 hand with the knife. The victim then managed to call her family members and informed them about the incident. Thereafter, she approached the police station and lodged a formal complaint. Based on the written complaint, Police Station Fraserpur registered an FIR under Crime No. 62/2025 for offences punishable under Sections 296, 115(2), 351(1), 331(6), 74, and 75(1) of the B.N.S. 3. Learned counsel for the applicant submits that the present applicant has been falsely implicated in this case. He submits that if the whole prosecution story is accepted no case is made out under Section 296, 115(2), 351(1), 331(6), 74, 75(1) of the BNS. He further submits that the applicant has not made any physical intercourse with the victim and had only physical abuse. He also submits that the applicant has no criminal antecedents and he is in jail since 18.03.2025, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, learned State counsel opposes the bail application of the present applicant and submits that the applicant entered the house of the victim at knife-point, misbehaved with her, attempted to outrage her modesty, and also stabbed her hand with the knife, therefore, the applicant is not entitled for grant of regular bail in the present case. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, submissions of learned counsel for the parties, nature of dispute and material 4 available in the case diary and from perusal of the statement of the victim recorded under Section 183 of the BNSS, it transpires, that the applicant entered the house of the victim at knife-point, misbehaved with her, attempted to outrage her modesty, and also stabbed her hand with the knife, therefore, this Court is of the opinion that it is not a fit case to enlarge the applicant on bail. 7. Accordingly, the first bail application of the applicant – Nikhil Kumar Uike, involved in Crime No. 62/2025 registered at Police Station – Fraserpur, District Bastar (C.G.), for the offences punishable under Sections 296, 115(2), 351(1), 331(6), 74, 75(1) of the Bhartiya Nyaya Sanhita, 2023, is 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 Abhishek