PROVEER DIDHAR @ RAJA v. THE STATE OF CHHATTISGARH
MCRC/2895/2026 · 2026-04-28
Shri Radhakishan Agrawal
body2026
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[ 2026 DAILYLAW 10367 (CHH) · dailylaw.ai ]
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[ 2026 DAILYLAW 10367 (CHH) · dailylaw.ai ]
Judgment text
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2026:CGHC:19939
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2895 of 2026 • Proveer Didhar @ Raja, S/o Jyotish Didhar, aged about 27 Years, R/o Bangali Para Sakalo, Ambikapur, P.S. Gandhi Nagar, District- Sarguja (C.G.)
---Applicant versus • The State of Chhattisgarh, Through SHO to P.S. Tikrapara, District- Raipur (C.G.)
--- Non-applicant For Applicant : Mr. Praveen Soni, Advocate. For Non-applicant : Mr. Dharmesh Shrivastava, Deputy A.G. Hon'ble Shri Justice Radhakishan Agrawal Order On Board 29/04/2026
1. Earlier, the applicant had filed MCRC No. 8625 of 2025, which was dismissed on merits by this Court on 14.11.2025. 2. The applicant has preferred this second bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking grant of regular bail, as he has been arrested in connection with Crime No. 0516/2025 registered at Police Station Tikrapara, District Raipur (C.G.), for offences punishable under Sections 201, 307, 323, 363, 366, 376(2)(n), 506, 34 of the IPC, and Sections 6, 17 and 19 of the POCSO Act. AKHILESH BEOHAR Digitally signed by AKHILESH BEOHAR Date: 2026.04.30 15:30:47 +0530
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3. Case of the prosecution, in brief, is that on 22.04.2024, present applicant and other co-accused persons allegedly abducted the complainant’s minor daughter and took her to Village Sakalu, where co-accused- Kishor Gayne purportedly performed a forced marriage with her. It is further alleged that when the complainant and her husband attempted to retrieve their daughter, co-accused- Kishor Gayne restrained them and threatened to commit suicide. On May 5, 2024, the complainant came to know that the prosecutrix had sustained an air-gun injury and at the hospital, prosecutrix allegedly disclosed that she had been abducted, repeatedly raped, and threatened by the accused persons. On report being lodged to the above effect, aforesaid offences have been registered against the present applicant and other co-accused persons. 4. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the case. He further submits that the first bail application of the applicant was dismissed on merits by this Court on 14.11.2025 in MCRC No.8625 of 2025, and thereafter, the statements of the prosecutrix and other witnesses have been recorded. It is further submitted that, as per the statement of the prosecutrix (PW-2), no specific allegation has been made against the present applicant.
It is also submitted that a co-accused, namely Vikky @ Samar Vishwas, has been granted regular bail by this Court in his second bail application on 17.03.2026 in MCRC No.1503 of 2026. He also submits that the applicant is not involved in the alleged offence and is in custody since 14.07.2025. Therefore, it is prayed that the applicant be enlarged on bail on the ground of parity. 3
5. Per contra, learned State counsel opposes the bail application and submits that the first bail application of the applicant has already been rejected on merits. It is further submitted that the victim has subsequently been examined before the trial Court as PW-2, wherein she has specifically stated that the present applicant was also involved in the alleged crime, and thus, there is no change in circumstances. Therefore, it is prayed that the bail application of the applicant be dismissed. 6. I have heard learned counsel for the parties and perused the documents available on record. 7. Considering the facts and circumstances of the case, the nature and gravity of the offence, and further considering that the first bail application of the applicant has already been dismissed on merits by this Court and no substantial change in circumstances has been shown, this Court is not inclined to grant bail to the present applicant. 8. Accordingly, the second bail application of the present applicant is hereby rejected. Sd/- (Radhakishan Agrawal) Judge Akhilesh