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2026 DAILYLAW 25587 (CHH)

TIKESHWAR SORI v. STATE OF CHHATTISGARH

MCRC/4667/2026 · 2026-07-08

Shri Radhakishan Agrawal

body2026

Judgment text

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1 CGHC010195372026 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4667 of 2026 Tikeshwar Sori S/o Neelkanth Sori Aged About 19 Years R/o Village Karlaguda Police Station Devbhog District Gariyaband C.G. ... Applicant versus State Of Chhattisgarh Through The Station House Office Police Station Devbhog District Gariyaband C.G. ... Non-applicant For Applicant : Shri Shivendu Pandya, Advocate. For Non-applicant/State : Shri Vivek Mishra, Panel Lawyer. (HON’BLE SHRI JUSTICE RADHAKISHAN AGRAWAL) Order on Board 09/07/2026 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, the B.N.S.S.) for grant of regular bail to the applicant who has been arrested in connection with Crime No.34/2026 registered at Police Station – Devbhog, District Gariyaband (C.G.), for the offence punishable under Sections 64(2)(m), 87 of Bhartiya Nyay Samhita (for short, the BNS) and Sections 4, 6 of the Protection of Children from Sexual Offences Act, 2012 (for short, the POCSO). 2. As per the prosecution’s case, on 27.01.2026, the applicant had called the prosecutrix/victim to meet her, upon which, she went to meet him at 4.00 pm, thereafter, the accused/applicant committed forcible sexual assault thereby he had established physical relationship with her. It is 2 further alleged by her that the accused/applicant had physical relations with her for five-six times. The complainant/victim lodged an F.I.R. on 30.01.2026 against the applicant/accused at Police Station Devbhog. Based on this, offence under the aforesaid sections has been registered against the present applicant. 3. Learned counsel for the applicant submits that the applicant is innocent and has not committed any offence. He further submits that the applicant and the victim were in love affair and the victim is a consenting party. Drawing attention to para 9 of the statement of the prosecutrix (P.W.1), he further submits that the applicant and the victim used to meet and talk occasionally and that, only after her consent, the applicant had established physical relationship with her. He also submits that the applicant is in jail since 30.01.2026 and that, trial is going on and it may take some considerable time to conclude. On these premises, he prays for grant of regular bail to the applicant. 4. On the other hand, learned counsel for the State opposes the bail application, while submitting that the victim was minor at the time of alleged offence as she was 16 years 4 months old and as per her statement before the Court, the applicant had forcibly committed sexual intercourse with her and from her statement, it is clearly borne out the involvement of the present applicant, therefore, the applicant does not deserve regular bail. 5. Victim and her father are present with the help of V.C. provided by TLSA Gariyaband and raised objection with regard to the grant of bail to the applicant. 6. I have heard learned counsel appearing for the parties and perused the case diary. 3 7. Taking into consideration the entire facts and circumstances of the case and also considering the material available on record and taking into account that the trial is going on, I am not inclined to release the applicant on bail. 8. Accordingly, the application filed under Section 483 of B.N.S.S. is rejected. 9. Office is directed to send a certified copy of this order to the trial Court concerned for information. Sd/- (Radhkishan Agrawal) JUDGE Anjani