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2026 DAILYLAW 39504 (CHH)

ADITYA SONKAR v. STATE OF CHHATTISGARH

MCRC/3285/2026 · 2026-10-06

Shri Rakesh Mohan Pandey

body2026

Judgment text

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1 CGHC010131112026 2026:CGHC:43467 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3285 of 2026 1 - Aditya Sonkar S/o Shiv Shankar Sonkar Aged About 25 Years Permanent R/o Katghar Lalganj P. S. Deogaon District Aazamgarh U. P. Current R/o Vilakshan Colony Rented House Of Bablu Maharaj P. S. Ambikapur, District Surguja Chhattisgarh. ... Applicant(s) versus 1 - State Of Chhattisgarh Through Station House Officer, Police Station Ambikapur, District Surguja Chhattisgarh. ... Respondent For Applicant : Mr. Kamlesh Patel, Advocate For Respondent/State : Mr. Akash Agrawal, P.L. Hon’ble Shri Justice Rakesh Mohan Pandey Order on Board 07.10.2026 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. 458/2025, registered at Police Station Ambikapur, District Surguja (C.G.) for the offence punishable under Sections 376(2)(n) of IPC and 4 and 6 of POCSO Act and 67(A) of IT Act. 2. The case of the prosecution, in brief, is that FIR was lodged by mother of the victim on 10.07.2025 to the effect that the present applicant sexually assaulted her daughter between 21.01.2020 2 and 08.05.2023 on the pretext of marriage. It is also alleged that the present applicant having objectional video clip of the victim and he threatened the victim to upload on social media, On the basis of the report, FIR was registered, and after completion of the investigation, the charge-sheet was filed against the accused for the offences as stated above. 3. Learned counsel appearing for the applicant submits that the applicant has been falsely implicated in the present case and that the allegations levelled against him are false and baseless. He would further submit that on 21.01.2020 the age of the victim is 17 years and 8 months and 28 days and there was love affairs between the applicant and the victim which continued till 08.05.2023. He further submits that the applicant is innocent and that the charge-sheet has already been filed and he is in jail since 29.09.2025. He, therefore, prays for grant of bail to the applicant. 4. Learned State Counsel would oppose the bail application and submit that objectionable video clips were recovered by the Investigating Agency and that the certificate under Section 63 of the Bharatiya Sakshya Adhiniyam, 2023, forms part of the charge-sheet, which indicates that the present applicant had detained and sexually assaulted the victim. He would further submit that the allegations against the applicant are serious. He, therefore, prays for rejection of the bail application. 3 5. I have heard learned counsel for the parties and perused the case diary. 6. Having considered the facts and circumstances of the case, particularly the fact that objectionable video clips were seized by the Investigating Agency and the certificate under Section 63 of the Bharatiya Sakshya Adhiniyam, 2023, forms part of the charge-sheet, and further considering that, although the victim was aged about 18 years on the date of the incident, the possibility of a consensual relationship cannot be inferred merely on that basis, as well as the nature and gravity of the alleged offences, I do not find any good ground to enlarge the applicant on bail. Accordingly, the bail application filed by the applicant is rejected. Sd/- (Rakesh Mohan Pandey) Judge Jyoti