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2026 DAILYLAW 28628 (CHH)

SURAJ KHAIRWAR v. THE STATE OF CHHATTISGARH

MCRC/6588/2026 · 2026-07-21

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Judgment text

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1 CGHC010280422026 2026:CGHC:31204 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6588 of 2026 Suraj Khairwar S/o Shri Kansuram Khairwar Aged About 22 Years R/o Village Bagmalla, P.S. Saliha, Tahsil Bilaigarh, Distt- Sarangarh- Bilaigarh (C.G.) ... Applicant versus The State Of Chhattisgarh Through Station House Officer, Police Station Saliha, District – Sarangarh-Bilaigarh (C.G.) ---- Non-applicant For Applicant : Mr. Sumit Shrivastava, Advocate. For Non-applicant/State : Ms. Nupur Trivedi, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 22.07.2026 1. This is the First bail application filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the applicant arrested in connection with Crime No. 30/2026 registered at Police Station – Saliha, District – Sarangarh-Bilaigarh (C.G.) for the offence punishable under Sections 331(4), 74, 75(2), 351(3), 115(2) and 296 of the BNS. 2. Case of the prosecution, in brief, is that victim/complainant lodged the report at police station Saliha on 01.06.2026 with the averment that on 30.05.2026 at about 8:30 pm the victim was in her house applicant entered in her house and asked for sexual favour, when victim objected then abused her, beaten her by hand and fist and put scratches on her face, pressed her chest so the victim made hue and cry, the neighbours Sahadul Patel, Dubey Lal Patel, Nanki RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 Bai Khairwar and Punimati Khairwar were came there so the accused run away from spot so on the basis of the report the Police registered the offence as mentioned above and arrested the applicant for the alleged commission of offence. Hence, this application. 3. Learned counsel appearing for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It has been further submitted that the applicant is in jail since 02.06.2026, and the conclusion of the trial shall take quite long time. Therefore, he prays for grant of bail. 4. On the other hand, learned State counsel opposed the bail application and submits that from the perusal of the case-diary and statement of the victim recorded under Section 183 of the BNSS, it transpires that the victim happens to be a lady aged about 51 years old, and the applicant is stated to have outrage the modesty of the victim and further assaulted her with his nails, due to which the victim has suffered various injuries including multiple abrasion wound on her person, swelling in the left eye and the redness is also present in the private parts. As such, the bail application deserves to be rejected. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case and also considering the fact that from the perusal of the case-diary 3 and statement of the victim recorded under Section 183 of the BNSS, it transpires that the victim happens to be a lady aged about 51 years old, and the applicant is stated to have outrage the modesty of the victim and further assaulted her with his nails, due to which the victim has suffered various injuries including multiple abrasion wound on her person, swelling in the left eye and the redness is also present in the private parts, thus, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. 7. Accordingly, this bail application of applicant – Suraj Khairwar involved in Crime No. 30/2026 registered at Police Station – Saliha, District – Sarangarh-Bilaigarh (C.G.) for the offence punishable under Sections 331(4), 74, 75(2), 351(3), 115(2) and 296 of the BNS, is rejected at this stage. 8. Needless to say that the trial Court concerned it at liberty to proceed with the trial and conclude the same, expeditiously. 9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rajshekhar