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2026 DAILYLAW 30567 (CHH)

BIKESH SEN v. STATE OF CHHATTISGARH

MCRC/5860/2026 · 2026-08-04

Shri Narendra Kumar Vyas

body2026

Judgment text

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1 CGHC010249402026 2026:CGHC:34275 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5860 of 2026 • Bikesh Sen S/o Chhotelal Sen Aged About 24 Years R/o Village Raitum P.S. Patewa, District Mahasamund Chhattisgarh ... Applicant. versus • State Of Chhattisgarh Through Police Station Patewa, District Mahasamund Chhattisgarh ... Respondent(s) For applicant. : Mr. Parth Kumar Jha, Advocate. For Respondent(State. : Ms. Priya Sharma, Panel Lawyer (Hon'ble Mr. Justice Narendra Kumar Vyas) Order on Board 05/08/2026 1. In pursuance of the earlier direction given by this Court, complainant Khemraj Sahu has appeared before this Court and raised objection about releasing the applicant on bail and his objection is taken on record. 2. This is the 1rst bail application 1led under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the applicant, who has been arrested 25-4-2025 in connection with 2 Crime No. 54 of 2025 registered in Police Station Deori, District Balod (C.G.) for o:ence punishable under Sections 137(2), 64, 65(1) of BNSS 2023 and Section 6 of Protection of Children from Sexual O:ences Act, 2012. 3. Case of the prosecution in brief, is that on 24-4-2025 complainant who is brother of victim has lodged a report in Patewa Police Station, District Mahasamund alleging that the appellant abducted his minor youger sister/victim who is agd about 13 years and 10 months and when they have searched the victim, she was not traced out, therefore, he lodged FIR in Police Station. 4. Learned counsel for the applicant would submit that ther is no direct evdience against the applicant to prove that he had abducted the victim and sexually assaulted her. He would rfurther submit that out of 16 prosecution witnesses, only 1ve witnesses have been examined. He would further submit that charge sheet has already been 1led, applicant is in custody since 25-4-2025 and trial will take considerable time to conclude, therefore, the applicant may be released on bail. 5. On the other hand, learned counsel for the State opposing the bail applicaion would submit that the applicant was involved in commision of henious o:ence and the victim was found from the possession of the applicant, and the victim has supported the case of the prosecution, thereforee, he is not entitled to be released on bail. 6. I have heard learned counsel for the parties and perused the case diary. 7. Considering the statement of the victim who in her evidence before the learned trial Court has supported the case of the prosecution and also considering the gravity of the o:ence, I am 3 of the considered opinion that at this juncture, it is not a 1t case where the applicant should be enlarged on bail. 8. Accordingly, the instant MCRC is rejected. Sd/- (Narendra Kumar Vyas) Judge Raju RAVVA SATYANARAYANA RAJU Digitally signed by RAVVA SATYANARAYANA RAJU Date: 2026.08.06 10:58:08 +0530