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2026 DAILYLAW 36924 (CHH)

SURAJ KHAIRWAR v. THE STATE OF CHHATTISGARH

MCRC/8291/2026 · 2026-09-24

Shri Rakesh Mohan Pandey

body2026

Judgment text

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1 CGHC010341352026 2026:CGHC:41739 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8291 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, Distt- Sarangarh- Bilaigarh (C.G.) ... Non-Applicant For Applicant : Shri Sumit Shrivastava, Advocate. For Non-Applicant/State : Ms. Saumya Sharma, Panel Lawyer (HON’BLE SHRI JUSTICE RAKESH MOHAN PANDEY) Order on Board 25/09/2026 1. This is the second 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 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 BNS against the present applicant. First bail application was dismissed on merits vide order dated 22.07.2026 passed in MCRC No.6588/2026. 2. The case of the prosecution, in brief, is that on 01.06.2026 the victim/complainant lodged the report at police station Saliha making Digitally signed by ALLENA ANJANI KUMAR Date: 2026.09.26 15:24:16 +0530 2 allegations that on 30.05.2026 at about 8:30 pm, when she was in her house, the applicant entered her house and asked for sexual favour, which she objected, upon which, the applicant abused her, beaten her by hand and fist and put scratches on her face, pressed her chest and upon hue and cry by the victim, the neighbours Sahadul Patel, Dubey Lal Patel, NankiBai Khairwar and Punimati Khairwar came there and the applicant fled away from the spot. On the basis of the report, the Police registered the offences, as stated above, against the applicant. 3. Learned Counsel for the applicant would submit that in the present case, the charge-sheet has already been filed; the applicant is in jail since 02.06.2026 and he has no criminal antecedents. He would submit that the prosecutrix, aged about 51 years has given her consent by way of affidavit for grant of bail to the applicant as both are relatives with each other. Therefore, he would pray that the application may be allowed and the applicant may be enlarged on bail. 4. On the other hand, learned counsel for the State would oppose the bail application and argue that the first bail application was rejected vide order dated 22.07.2026 in MCRC No.6588/2026 wherein the statement of the prosecutrix recorded under Section 183 of BNSS with regard to injuries sustained by her has been considered at length. She would contend that the present applicant tried to outrage modesty of a lady, aged about 51 years, and therefore, the present application also deserves to be rejected. 5. I have heard learned counsel appearing for the parties and perused the case diary. 3 6. The allegation against the present applicant is that on 30.05.2026 at around 8:30 pm, he entered the house of the victim and requested for sexual favour and when she objected, she was brutally beaten. According to the medical report, the victim sustained injuries over left eye, on chest and private parts. In the order dated 22.07.2026, the injuries sustained by the victim have been discussed at length. Further, the applicant has induced the victim and got executed an affidavit in his favour and this one more reason is sufficient for rejection of this application. 7. Having considered the fact that first bail application was rejected on merits vide order dated 22.07.2026 passed in MCRC No.6588/2026, the victim has sustained injuries of swelling in the left eye, multiple abrasion wounds on her person and the redness is also present over her body and the applicant induced the witness to get the affidavit executed in his favour for grant of bail, I am not inclined to grant bail to the applicant. 8. Accordingly, the second bail application filed by the applicant is hereby rejected. Sd/- (Rakesh Mohan Pandey) JUDGE Anjani