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2026 DAILYLAW 32798 (CHH)

TRILOKCHAND GAIKWAD v. STATE OF CHHATTISGA

MCRC/6210/2026 · 2026-08-17

Shri Narendra Kumar Vyas

body2026

Judgment text

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CGHC010266092026 2026:CGHC:36938 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6210 of 2026 Trilokchand Gaikwad S/o Shri Hazari Prasad Gaikwad Aged About 30 Years R/o Vill- Nawagaon, (Dhau) , P.S. Magarlod, Distt- Dhamtari (C.G.) ... Applicant (s) versus State of Chhattisga Through S.H.O. Police Station Magarlod, Distt- Dhamtari (C.G.) --- Respondent _____________________________________________________________ For Applicant : Mr. Anshit Singh Hora, Advocate. For State/ Respondent : Mr. Aman Tamrakar, Panel Lawyer. _____________________________________________________________ Hon'ble Shri Justice Narendra Kumar Vyas Order on Board 18/08 /2026 1. This is first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested on 22.06.2026 in connection with Crime No. 107/2026 registered at Police Station Magarlod, District Dhamtari (CG) for the ofence punishable under Sections 79, 351(2) of BNS, 2023, Sections 14 of POCSO Act & Section 67, 67A & 67B of the IT Act. 2. In pursuance of direction issued by this Court, the complainant is present before this Court through video conferencing and has raised objection in granting bail to the applicant. 3. The case of the prosecution, in brief, is that the complainant lodged a written complaint against the applicant alleging that on 17.06.2026, the applicant has uploaded obscene photo of her daughter in his mobile Whatsapp status and used filthy language against him and his family ARUN KUMAR DEWANGAN Digitally signed by ARUN KUMAR DEWANGAN Date: 2026.08.18 18:10:20 +0530 members. On the basis of the complaint, the FIR has been registered against the applicant for commission of offence as aforestated. 4. Learned counsel for the applicant would submit that the applicant is innocent and has been falsely implicated in the crime in question. He would further submit that the prosecution has not collected any material against the applicant with regard to uploading of obscene photo of complainant’s daughter. He would further submit that the applicant is in jail since 22.06.2026 and trial will take some time for its final disposal, therefore, the applicant may be enlarged on bail. 5. On the other hand, learned State counsel opposing the bail application would submit that there is sufficient material on record to show involvement of the applicant in the crime in question, therefore, the applicant is not entitled to get bail by this Court and would pray for rejection of the bail application. 6. I have heard learned counsel appearing for the parties and perused the case diary with utmost satisfaction. 7. Considering the facts and circumstances of the case, nature and gravity of offence and also considering the fact that there is sufficient material collected by the prosecution regarding involvement of the applicant in the crime in question, therefore, this is not a fit case where the applicant should be enlarged on bail. 8. Accordingly, the instant bail application filed Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 is hereby rejected. Certified copy, as per rules. Sd/- (Narendra Kumar Vyas) Judge Arun