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2026 DAILYLAW 37368 (CHH)

SHIVA LOHAR ALIAS SAMRAT VISHWAKARMA v. STATE OF CHHATTISGARH

MCRC/8688/2026 · 2026-09-29

Shri Rakesh Mohan Pandey

body2026

Judgment text

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1 CGHC010333632026 2026:CGHC:42531 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8688 of 2026 1 - Shiva Lohar Alias Samrat Vishwakarma S/o Anand Lohar Aged About 19 Years R/o Village Rangadeeh P.S. Dongripali District Sarangarh-Bilaigarh (C.G.) ... Applicant(s) versus 1 - State Of Chhattisgarh Through Its Police Station Incharge Dongripali District Sarangarh - Bilaigarh (C.G.) ... Respondent For Applicant : Mr. Suresh Kumar Pandey, Advocate For Respondent/State : Ms. Ritika Verma, P.L. Hon’ble Shri Justice Rakesh Mohan Pandey Order on Board 30.09.2026 1. The applicant has preferred this First Bail Application under Section 483 of the BNSS, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 9/2026, registered at Police Station Dongripali, District Sarangarh (C.G.) for the offence punishable under Sections 137(2), 74, 76, 351(3) of BNS, 08, 09 and 10 of POCSO Act. 2. The case of the prosecution, in brief, is that on 06.02.2026 at about 16:00 hours, the accused, namely, Shiva Lohar @ Samrat Vishwakarma, allegedly took the 8-year-old prosecutrix, who was 2 playing with her friends, inside the house of Mukesh Behera with sexual intent. It is alleged that thereafter, the accused removed his clothes as well as those of the prosecutrix and touched her body and chest, thereby assaulting her and using criminal force against her with sexual intent. It is further alleged that the accused threatened the prosecutrix with death if she disclosed the incident to her family members. Thereafter, the mother of the prosecutrix lodged the FIR, pursuant to which the offences, as stated above, were registered against the accused. 3. Learned counsel appearing for the applicant would submit that the applicant has been falsely implicated in the present case. No offence as alleged was committed by the applicant. The charge-sheet has already been filed and the applicant is in jail since 08.02.2026. He, therefore, prays for grant of bail to the applicant. 4. On the other hand, learned State counsel opposes the bail application and submits that the victim was aged about 8 years at the time of the incident and has already been examined before the Trial Court, wherein she has supported the prosecution case. He further submits that the allegations against the applicant are serious in nature and, therefore, application moved by the applicant for grant of bail may be rejected. 5. I have heard the learned counsel for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, particularly the fact that the victim has already been examined before 3 the trial Court and has supported the prosecution case and made allegations against the present applicant, the age of the victim being 8 years on the date of the incident, and the serious allegations of sexual exploitation against the applicant, I am not inclined to grant bail to the applicant. Accordingly, the present bail application is rejected. Sd/- (Rakesh Mohan Pandey) Judge Jyoti