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2026 DAILYLAW 26250 (CHH)

RAMKHELAWAN VISHWAKARMA v. STATE OF CHHATTISGARH

MCRC/5228/2026 · 2026-07-13

Shri Radhakishan Agrawal

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Judgment text

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1 CGHC010218712026 2026:CGHC:29740 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5228 of 2026 1 - Ramkhelawan Vishwakarma S/o Sairu Vishwakarma Aged About 38 Years R/o Village- Silphili Police Station Pratappur District- Surajpur (C.G.) 2 - Smt Sunita Vishwakarma W/o Ramkhelawan Vishwakarma Aged About 36 Years R/o Village- Silphili Police Station Pratappur District- Surajpur (C.G.) ... Applicants versus State Of Chhattisgarh Through- Police Station Pratappur, District- Surajpur (C.G.) --- Respondent (Cause title is taken from the CIS) ___________________________________________________________ For Applicants : Mr. Anurag Singh & Ms. Jigyasa Singh, Advocates For State-Respondent : Ms. Swati R. Gupta, PL ___________________________________________________________ Hon'ble Shri Justice Radhakishan Agrawal Order on Board 14/07/2026 1. This is second bail application filed under Section 483 of the BNSS, 2023 for grant of regular bail to the applicants. The first bail application was dismissed as withdrawn vide order dated 11.05.2026 in MCRC No.3261 of 2026. 2. The applicants have been arrested in connection with Crime VASANT KUMAR Digitally signed by VASANT KUMAR Date: 2026.07.14 17:13:20 +0530 2 No.288/2025, registered at Police Station Pratappur, District- Surajpur (CG) for the offence punishable under Sections 137(2), 64(2)(m), 87 & 3(5) of BNS, Sections 4, 6 & 17 of the POCSO Act, Sections 3 & 4 of the CG Dharma Swatantrata Adhiniyam, 1968. 3. Briefly stated, the prosecution case is that the complainant, mother of the victim, alleged that on 24.12.2025, while she and her children were staying at village Bagichapariha for Christmas celebrations, the victim was called outside by one Anju and thereafter went missing. Subsequently, co-accused Rajesh Kumar Vishwakarma informed the complainant over phone that he had taken the victim and would keep her with him. It is alleged that the present applicants assisted the co-accused in taking away the victim. After investigation, charge-sheet was filed and the applicants were arrested on 30.12.2025. 4. Learned counsel for the applicants contended that the applicants have been falsely implicated in the present case. He further contended that there are material contradictions and omissions in the statement of the prosecution witnesses and the prosecution has not been duly proved the alleged offence against the applicants and the applicants are in jail since 30.12.2025, and the trial will take considerable time for its conclusion, therefore, the applicants may be released on bail. 5. Learned State counsel opposes the submission made by learned counsel for the applicants and would submit that the present 3 applicants have helped to one accused - Rajesh Kumar Vishwakarma in taking away of minor victim and the applicants have involved in the aforesaid offence, therefore, the applicants may not be released on bail. 6. Pursuant to order dated 17.06.2026 passed by this Court, victim and her mother appeared before this Court through virtual mode from the DLSA- Surajpur. On being asked, she raised objection for grant of bail to the applicants. 7. I have heard learned counsel for the parties. 8. Considering the facts and circumstances of the case, material available on record, and looking to the nature and gravity of the offence, this Court is not inclined to grant bail to the applicants. 9. Accordingly, the bail application of the applicants stands rejected. 10. Office is directed to send a certified copy of this order to the trial Court concerned for information. Sd/- (Radhakishan Agrawal) Judge Vasant