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2026 DAILYLAW 13804 (CHH)

PANKAJ DEWANGAN v. STATE OF CHHATTISGARH

MCRC/9973/2025 · 2026-01-04

Shri Arvind Kumar Verma

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2026:CGHC:478 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9973 of 2025 Pankaj Dewangan S/o Radheshyam Dewangan Aged About 24 Years R/o Dewangan Para, Kawardha, District Kabirdham C.G. ... Applicant versus State Of Chhattisgarh Through The Station House Officer, Police Of Police Station Thelkadih, District Khairagarh-Chhuikhadan-Gandai C.G. ... Respondent For Petitioner : Mr. Basant Kaiwartya, Advocate For Respondent : Ms. Supriya Upasane, Govt. Advocate Hon’ble Shri Justice Arvind Kumar Verma Order on Board 05/01/2026 1. The applicant has preferred this Second Bail Application under Section 483 of BNSS, 2023 for grant of regular bail, as he has been arrested in connection with Crime No.116/2024, registered at Police Station Thelkadih, District- Khairagarh-Chhuikhadan-Gandai (CG) for the offence punishable under Sections 376(2)(n), 384, 294, 323, 506 of IPC and Sections 4 and 6 of POCSO Act. ARPAN SRIVASTAVA Digitally signed by ARPAN SRIVASTAVA Date: 2026.01.08 12:02:21 +0530 2 2. The First Bail Application bearing MCRC No. 7511 of 2024 filed by the applicant which was dismissed as withdrawn vide order dated 28.01.2025. 3. The prosecution story in brief, is that, during the period commencing from 01.01.2021 till 12.05.2024 the applicant despite being fully aware of the fact that the prosecutrix was a minor, repeatedly took her to various places i.e. hotel situated at Rajnandgaon and Khairagarh as well as to the room of one of his friend. It is alleged that during the said period, the applicant established physical relations with the prosecutrix on several occasions. Thereafter the applicant recorded obscene videos of the prosecutrix and by threatening her to made the videos viral, demanded money from her. On the basis of the said allegations, offence were registered against the applicant and he was arrested. 4. It was argued by the learned counsel for the applicant that the applicant has been falsely implicated in this case. The prosecutrix and other material witnesses have been examined as PW/1, PW/2 and PW/3 before the learned trial Court and they have not supported the case of the prosecution. He further submits that the prosecution has cited a total of 14 witnesses out of which only 3 witnesses have been examined till date, which shows that the prosecution is causing unnecessary delay in the trial. He submist that the applicant is in jail since 13.05.2024 and also the trial is likely to take some time for its conclusion, therefore, he prays for grant of bail to the applicant. 5. On the other hand, learned counsel for the State opposes the bail application. 6. I have heard learned counsel for the parties and perused the case diary. 3 7. Considering the facts & circumstances of the case, nature & gravity of the offence, material available in the case dairy. The evidence collected by the prosecution in this case prima facie indicates that the victim was a minor on the date of the incident, making her consent irrelevant. The victim also alleges that the accused allegedly made obscene videos and photographs of her via mobile phone, threatened to make them viral, and extorted more than ₹100,000 from the prosecutrix. The record provides sufficient prima facie evidence regarding the alleged offense against the applicant/accused. The alleged actions of the accused falls under the category of sexual assault on a child. The alleged offense is serious in nature. Thus, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. Accordingly, the bail application of applicant- Pankaj Dewangan involved in Crime No.116/2024 under aforesaid sections at Police Station Thelkadih, District- Khairagarh-Chhuikhadan-Gandai (CG), is rejected. 8. However, this Court hopes and trusts that the Trial Court shall make earnest endeavour to conclude the trial expeditiously preferably within a period of six months from today in accordance with law, if there is no legal impediment. 9. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Arvind Kumar Verma) JUDGE Arpan