Gajendra Kumar Vishwakarma Vs State of Chhattisgarh

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Digitally signed
SAGRIKAAGRAWAL by SAGRIKAAGRAWALDate:2026.01.06
10:46:10
+0530

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2026:CGHC:450

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NAFR

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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MCRC No. 10265 of 2025

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1 - Gajendra Kumar Vishwakarma S/o Man Singh Vishwakarma Aged About 27 Years R/o Bharda, Tehsil And Police Station- Magarlod, District- Dhamtari C.G.

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... applicant(s)

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versus

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1 - State Of Chhattisgarh Through Station House Officer, Police Station - Magarload, District Dhamtari C.G.

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... Respondent(s) For applicant (s) : Mr. Prasoon Agrawal, Advocate For Respondent(s) : Mr. Aman Tamboli, Panel Lawyer

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Hon’ble Shri Justice Ravindra Kumar Agrawal, J.

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Order on board

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05.01.2026.

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Pursuant to the order dated 12.12.2025, the victim appeared through virtual mode from the DLSA Dhamtari before this Court and raised objection in granting bail to the applicant. Her objection is taken on record.

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Heard on the application filed under Section 483 of B.N.S.S. This is first bail application before this Court filed by the applicant for grant of regular bail. The applicant has been arrested on 22.06.2025 in connection with

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2

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Crime No. 88/2025 registered at P.S. Magarload, Dist- Dhamtari (CG) for the offence under Sections 87, 137 (2), 64(2)(M+) of BNS and Section 06 of POCSO Act.

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The case of the prosecution is that on 17/06/2025, the father of the victim lodge a report that her minor daughter was missing since 16.06.2025 and her whereabout could not be traced out. The Police has registered the offence under Section 137 (2) of B.N.S. 2023 and started investigation. On 19.06.2025, the victim came back to her house and then her father took her to Police Station and after recording her statement, the other offences under Section 87, 64 (2)(m) of BNS 2023 and Section 6 of POCSO Act have been added, in which the applicant has been arrested on 22.06.2025 and charge-sheet has been filed.

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Learned counsel for the applicant would submit that the victim is a major girl, having love affair with the applicant and she has on her own will eloped with the applicant without raising any objection. She engaged in making consensual physical relation and has come back to her house on 19.06.2025. It is only under the pressure of her parents, she made statement against the applicant. The applicant is in jail since 22/06/2025, and final adjudication will take its own time, therefore, the applicant may be enlarged on bail.

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On the other hand, learned counsel for the State opposes the bail application and submitted that the applicant is already a married person having two children. It is not the case of love affair but it is the case of forceful sexual intercourse which disclosed by the victim in her statement recorded under Section 183 of BNSS, 2023, therefore, he is not entitled for bail.

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I have heard learned counsel for the parties and perused the material annexed with the bail application.

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Considering the submissions made by learned counsel for the parties, considering the nature of allegation and material collected during the investigation, further considering the age of the victim as well as the fact that the applicant is already married having two children, I am not inclined to release the applicant on bail.

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Consequently, this application filed by the applicant under Section 483 of B.N.S.S. for grant of regular bail is hereby rejected.

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Sd/-

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(Ravindra Kumar Agrawal) Judge

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Sagrika

Gajendra Kumar Vishwakarma v. State of Chhattisgarh

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Gajendra Kumar Vishwakarma v. State of Chhattisgarh

Case brief

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