Bikesh Bai Markandey Vs State of… — Child Sexual Offences (POCSO) | Chhattisgarh HC (2025)

Bikesh Bai Markandey Vs State of… — Child Sexual Offences (POCSO) | Chhattisgarh HC (2025)

What the court decided

AI extract

Outcome

Regular bail granted to Bikesh Bai Markandey, Smt. Taruna Bai Baghel and Dinesh Kumar Baghel on furnishing bail bond of Rs.10,000/- with one surety each in the like sum, subject to conditions of regular Trial Court appearance, non-tampering with prosecution witnesses, and openness of the State to seek cancellation if they are involved in any similar offence.

Issue for consideration

Whether the applicants — alleged to have helped/sheltered main accused Nikhil Kurre and the minor prosecutrix after knowing she was a minor — should be released on regular bail in Crime No. 300/2024, P.S. Utai, District Durg.

Court's answer

In deciding the bail applications the Court took into particular consideration the love affair between the victim and main accused Nikhil Kurre, and that the applicants' role was limited to sheltering the main accused and the prosecutrix in their house.

Ratio / Principle

Weighing the filed charge-sheet, the applicants' custody since 29/11/2024 and 16/01/2025, the time the trial will take, the seven-month pregnancy of the co-accused wife, and the absence of previous criminal antecedents, the Court was inclined to allow the bail applications.

Key takeaways

The bail applications were allowed: applicants Bikesh Bai Markandey, Smt. Taruna Bai Baghel and Dinesh Kumar Baghel were directed to be released on regular bail on furnishing a bail bond of Rs.10,000/- with one surety each in the like sum to the satisfaction of the Court.ratio¶40
Release made subject to conditions: regular appearance before the Trial Court unless exempted; no tampering with prosecution witnesses in any manner; and liberty to the State to apply for cancellation of bail if the applicants are found involved in a similar offence in future.ratio¶42

Detailed headnote1 paragraphs

Bail — Regular bail granted by common order — High Court of Chhattisgarh at Bilaspur, Arvind Kumar Verma, J., order dated 13/02/2025 — MCRC Nos. 313, 1124 and 1135 of 2025 arising out of common Crime No. 300/2024, P.S. Utai, District Durg, for offences under Sections 137(2), 87, 64(2), 351(2), 142, 249, 3(5) of BNS and Sections 6, 21 of POCSO Act — Prosecution case: prosecutrix (aged about 17 years 5 months, DOB 20.05.2007) left home on 11.10.2024 with co-accused Nikhil Kurre and was allegedly raped by him multiple times; FIR initially against unknown persons under section 137(2) B.N.S.; prosecutrix recovered from Bal Kalyan Nagpur (Maharashtra); applicants (Bikesh Bai Markandey, Smt. Taruna Bai Baghel, Dinesh Kumar Baghel) alleged to have helped/sheltered the co-accused after knowing the prosecutrix was a minor — Charge-sheet filed; applicants in custody since 29/11/2024 and 16/01/2025; victim and her father objected to bail through video conferencing — Bail allowed considering the love affair between victim and main accused, the applicants' limited role of sheltering, the protracted trial, the seven-month pregnancy of one accused, and absence of previous criminal antecedents — Release on bail bond of Rs. 10,000/- with one surety each, subject to conditions of regular appearance, non-tampering with witnesses, and liability to cancellation on involvement in any similar offence.

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2025:CGHC:7860

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

MCRC No. 313 of 2025

1 - Bikesh Bai Markandey W/o Jayprakash Markandey Aged About 31 Years R/o Village Sivani, Tahsil Abhanpur, District Raipur Chhattisgarh.

--- Applicant (s)

versus

1 - State Of Chhattisgarh Through Station House Officer, Police Station Utai, District Durg Chhattisgarh.

--- Respondent(s)

MCRC No. 1124 of 2025

1 - Smt. Taruna Bai Baghel W/o Dinesh Kumar Baghel Aged About 30 Years R/o Ward No. 19, Dumardeeh, Police Station Utai, District Durg (C.G.), At Present Resident Of Minimata Nagar Gali No.5, C/o. House Of Lata Rajkumar Kapse, Nagpur, Police Station Kalmana, District Nagpur (Maharastra) (As Per Charge Sheet)

--- Applicant(s)

Versus

1 - State Of Chhattisgarh Through The Station House Office, Police Of Police Station Utai, District Durg (C.G.)

--- Respondent(s)

MCRC No. 1135 of 2025

1 - Dinesh Kumar Baghel S/o Late Keshlal Aged About 33 Years R/o Ward No. 19, Dumardeeh, Police Station Utai, District Durg (C.G.) At Present Resident Of Minimata Nagar Gali No.5, C/o. House Of Lata Rajkumar Kapse, Nagpur, Police Station Kalmana, District Nagpur (Maharastra) (As Per Charge Sheet)

--- Applicant(s)

NARESHKUMARKAMDE Digitally signedby NARESHKUMAR KAMDEDate:2025.02.2110:58:23 +0530

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versus

1 - State Of Chhattisgarh Through The Station House Office, Police Of Police Station Utai, District Durg (C.G.)

--- Respondent

For Applicant(s) : Shri Amarnath Pandey and Shri Praveen Dhurandhar, respective Advocates. For the State : Ms. Prabha Sharma, Panel Lawyer.

Hon’ble Shri Justice Arvind Kumar Verma

Order on Board

13/02/2025

These bail applications arise out of a common Crime No.300/2024 registered at Police Station Utai, District Durg for the offence punishable under Sections 137 (2), 87, 64 (2), 351 (2), 142, 249, 3 (5) of BNS and Sections 6, 21 of POCSO Act, therefore, they are being heard analogously and decided by this common order.

The case of the prosecution in brief is that on 12.10.2024, the father of the prosecutrix registered and oral complaint before the police station stating that he is a farmer and having two children. Among which prosecutrix is aged about 17 years and 5 months. Her date of birth is 20.05.2007. On 11.10.2024 around 01:30 pm, prosecutrix left her house saying that she is going to her friend's house but not returned to home. He searched for her in locality and in relatives house. On this complaint, the police has registered FIR against unknown person under section 137(2) of B.N.S. Thereafter, during investigation the police has recovered the prosecutrix from Bal Kalyan Nagpur (Maharashtra). The prosecutrix on asking has stated that she left her house with co-accused

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Nikhil Kurre and was raped multiple times by him. The allegation against the present applicants are that after knowing prosecutrix is minor has helped the co-accused.

Learned counsel for the applicants submits that applicants have falsely implicated in the present case, the main accused is Nikhil against whom, there is allegation of sexual assault, prosecutrix is 17 years and 7 months and she herself left the guardianship of parents and resided with the coaccused till 21/11/2024 and only allegation against the applicants are that she along with main accused resided in the house of the present applicants as wife of the co-accused, hence, they may be released on bail.

Learned counsel for the State opposes the submission made by learned counsel for the applicants and submits that offence committed by applicants is of grievous nature. Hence, they are not entitled for grant of bail.

Today, victim and father appeared before this Court through video conferencing and raised serious objection with regard to grant of bail to the applicants.

Heard learned counsel for both the parties.

Taking into consideration particularly that there is love affair between victim and main accused Nikhil Kurre and the applicants only shelter the main accused and prosecutrix in the house, charge-sheet has already been filed, applicants are in jail since 29/11/2024 and 16/01/2025 respectively, trial will take more time to conclude the trial, one of the

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accused in this case is his wife who is also an accused is pregnant by 7 months, there is no previous criminal antecedent against the applicants, therefore, I am inclined to allow bail applications of applicants.

Accordingly, bail applications are allowed . It is directed that applicant Bikesh Bai Markandey, Smt. Taruna Bai Baghel and Dinesh Kumar Baghel shall be released on regular bail, on their furnishing bail bond in sum of Rs.10,000/- with one surety each in the like sum to the satisfaction of the Court on the conditions that-

a) They shall appear before the Trial Court regularly on each and every date, unless exempted from appearance.

b) They shall not, in any manner, tamper with the prosecution witnesses.

c) If they are found involved in similar offence in the future, it will be open for the State to apply for cancellation of Bail.

Certified copy as per rules.

Sd/-

( Arvind Kumar Verma ) JUDGE

Kamde