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2026 DAILYLAW 36730 (CHH)

KAMLESH DAS MAHANT v. STATE OF CHHATTISGARH

MCRC/6460/2026 · 2026-09-16

Shri Rakesh Mohan Pandey

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Judgment text

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1 CGHC010260232026 2026:CGHC:40657 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6460 of 2026 Kamlesh Das Mahant S/o Late Bholadas Mahant Aged About 25 Years R/o Village- Ghivra, Chowki Phaguram, Police Station- Dabhra, District- Sakti, C.G. ... Applicant versus State Of Chhattisgarh Through Station House Officer Of Police Station- Chandrapur, District – Sakti, C.G. ... Non-applicant For Applicant : Ms. Itu Bhattacharya, Advocate. For Non-applicant/State : Mr. Keshav Gupta, Govt. Advocate. Hon'ble Mr. Rakesh Mohan Pandey, Judge Order on Board 17.09.2026 1. Earlier on 13.08.2026, the victim had appeared along with her father and raised her objection in releasing the applicant on bail. 2. 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. 104/2023 registered at Police Station – Chandrapur, District – Sakti (C.G.) for the offence punishable under Sections 363, 366, 376(2)(n) and 506 of the Indian Penal Code (IPC) and Section 6 of the Protection of Children from Sexual Offences (POCSO) Act. 3. As per the prosecution’s story, one Salik Ram Sidar kidnapped minor victim and sexually assaulted her, and it is alleged that the applicant helped him in commission of aforesaid crime. On such complaint the Police registered the FIR against accused persons. It RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 is informed that some of the accused persons are absconding since 3 years and subsequently arrested on 17.06.2026. Hence, this bail application. 4. Learned counsel for the applicant submits that the applicant has falsely been implicated in the present case. He submits that the main accused is one Salik Ram Sidar, who committed the crime of kidnapping and sexually assaulted the victim, and the only allegation made against the applicant is that he helped the said co- accused in the commission of crime. The applicant is in jail since 17.06.2026, and the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant. 5. On the other hand, learned State Counsel opposes the bail application of the present applicant and submits that allegation of sexual assault has been levelled against the main accused Salik Ram Sidar but the applicant is said to have helped him in the aforesaid crime. It is submitted that the victim was aged about 14 years on the date of the incident. It is further submitted that the applicant remained absconding for a period of 3 years and he has been on 17.06.2026. He, therefore, submits that the bail application deserves to be rejected. 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. Considering the aforesaid facts and circumstances of the case, particularly the fact that the applicant remained absconding for a period of 3 years and he was arrested only on 17.06.2026, and further there are serious allegations levelled against the applicant 3 that has helped the main accused Salik Ram Sidar for commission of crime of kidnapping the minor victim aged about 14 years on the date of incident, and sexual assault, therefore, having regard to the gravity of the offence and the manner in which it is alleged to have been committed, I am not inclined to grant bail to the applicant at this stage. Accordingly, the bail application is hereby rejected. 8. Let a certified copy of this order be sent to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Rakesh Mohan Pandey) Judge Rajshekhar