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2026 DAILYLAW 10371 (CHH)

VIJAY DHURVE v. STATE OF CHHATTISGARH

MCRC/3504/2026 · 2026-04-28

Shri Radhakishan Agrawal

body2026

Judgment text

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1 2026:CGHC:19925 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3504 of 2026 1 - Vijay Dhurve S/o Bharat Dhurve, Aged About 20 Years, R/o Village Sarodhi, Police Station Bakarkatta, District Khairagarh-Chuikhadan-Gandai Chhattisgarh, 2 - Heman Porte S/o Late Mohpal Porte, Aged About 21 Years, R/o Village Kumhi, Police Station Bakarkatta, District Khairagarh-Chuikhadan-Gandai Chhattisgarh, ... Applicants versus State of Chhattisgarh Through Station House Officer, Police Station Bakarkatta, District Khairagarh-Chuikhadan-Gandai, Chhattisgarh ... Respondent For Applicants : Mr. Deepak Diwakar, Advocate For Respondent/State : Ms. Swati R. Gupta, Panel Lawyer Hon'ble Shri Justice Radhakishan Agrawal Order on Board 29/04/2026 1. This is first bail application filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhita 2023 for grant of regular bail to applicants, who have been arrested in connection with Crime No.03/2025, registered at PS- Bakarkatta, District- Khairagarh-Chuikhadan-Gandai (C.G.) for commission of offence punishable under Sections 70(2) and 351(2) of Bharatiya Nyaya Sanhita, 2023 and Sections 4 & 6 of POCSO Act. PRAKASH KUMAR Digitally signed by PRAKASH KUMAR Date: 2026.04.29 17:11:19 +0530 2 2. In compliance of order dated 17.04.2026, the victim is present along with her parents through video conferencing from the concerned DLSA, and on being asked, they have raised ‘objection’ to the application filed by the applicant for grant of bail. 3. Case of prosecution in brief, is that on 09.03.2025, one relative of the prosecutrix lodged a written report at Police Station Bakarkatta stating that on the night of 08.03.2025 at about 10:00 p.m., the prosecutrix, along with two other girls, had gone to a nearby kirana shop to purchase snacks. While returning, it is alleged that two unknown boys forcibly took the prosecutrix towards nearby fields, where they allegedly undressed her and committed sexual intercourse with her one after another. During the incident, the accused persons disclosed their names as Vijay and Heman. After about one and a half hours, the prosecutrix returned and narrated the incident, on the basis of which the report was lodged. Thereafter, the present applicants were arrested on 10.03.2025 for the alleged offences under Sections 70(2), 351(2) of the BNS and Sections 4 and 6 of the POCSO Act. 4. Learned counsel for the applicants submits that applicants are innocent and have been falsely implicated in the present case. He further submits that there is no medical report of the victim nor FSL report has been produced by the prosecution. He further submits that the applicants are in jail since 10.03.2025 and trial is likely to take some time, therefore, it is prayed that applicants may be enlarged on bail. 5. Learned State Counsel opposes the bail application filed by the applicants. 6. I have heard learned counsel appearing for the parties and perused the case diary. 3 7. Considering the facts and circumstances of the case, nature and gravity of the offence, objection raised by the victim and her parents and other materials available in the case diary, without further commenting on merits of the case, I am not inclined to grant bail to the applicants. 8. Accordingly, the present bail application is rejected. Sd/-d/- (Radhakishan Agrawal) Judge Prakash