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2026 DAILYLAW 3567 (CHH)

BHUVNESHWAR KASHYAP v. STATE OF CHHATTISGARH

MCRC/2787/2026 · 2026-04-05

Shri Sanjay Kumar Jaiswal

body2026

Judgment text

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1 2026:CGHC:15565 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2787 of 2026 Bhuvneshwar Kashyap S/o Chhatram Kashyap Aged About 25 Years R/o Village Kutra, Police Station Pamgarh, District- Janjgir- Champa (C.G.) ... Applicant versus State Of Chhattisgarh Through The Station House Officer, Police Of Police Station Pamgarh, District- Janjgir- Champa (C.G.) ... Respondent For Applicant : Smt. Soni Mishra, Advocate For Respondent/State : Shri Amit Verma, P.L. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order On Board 06.04.2026 1. The victim and her parents appeared before this Court today through virtual mode from the concerned DLSA and raised objection in granting bail to the applicant. 2. This is the second bail application filed u/s 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime BHOLA NATH KHATAI Digitally signed by BHOLA NATH KHATAI Date: 2026.04.07 10:42:27 +0530 2 No.432/2025 registered at Police Station Pamgarh, District- Janjgir- Champa (CG) for offence punishable under Sections 74, 64(2)(m), 351(3), 115(2) of BNS and Sections 6 & 8 of Protection of Children from Sexual Offences Act. 3. The first bail application of applicant was dismissed as withdrawn with liberty to file afresh vide order dated 15.01.2026 in MCRC No.9704/2025. 4. As per the prosecution case, the applicant allegedly committed sexual assault on the minor victim at her house on the night of 13.09.2024. It is further alleged that between 15.09.2024 and 25.06.2025, the applicant committed sexual intercourse with the victim on various occasions against her will and without her consent, under the pretext of marriage. Following a report lodged in this regard, the applicant was arrested on 19.09.2025. 5. Learned counsel appearing for applicant submits that the applicant is innocent and he has been falsely implicated in this case. She submits that the victim was a consenting party as love affair existed between them and her age has not been proved. She further submits that there are total 21 witnesses, out of which only three have been examined, the applicant is in jail since 15.09.2025 and there is no likelihood of the trial to be concluded at the earliest. Therefore, considering all these facts the applicant may be released on bail. 6. Learned State counsel, on the other hand, opposing the bail application submits that the victim was minor at the time of 3 incident and due to the said offence, she became pregnant. He further submits that the applicant was a peon in the same school where the victim studied and he has one previous record of the year 2023 for the offence under Sections 294 & 506 of IPC. Hence, considering the nature of offence, the applicant does not deserve to be released on bail. 7. Heard learned counsel for the parties and perused the case diary. 8. Taking into consideration the overall facts and circumstances of the case, particularly the nature and gravity of offence and the material collected and available on record against the applicant, this Court is not inclined to release the applicant on bail. 9. Accordingly, the present bail application stands rejected. 10. However, the Trial Court is directed to expedite the trial and to ensure that the trial is concluded as expeditiously as possible. 11. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information. Sd/- (Sanjay Kumar Jaiswal) Khatai JUDGE