Tikendra Bandhe Vs State of Chhattisgarh

1. Both the victims along with their father appeared before this Court today through virtual mode from the concerned DLSA and raised objection in granting bail to the applicant.

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2. This is the first bail application filed u/s 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No.136/2025 registered at Chowki Birejhar, Police Station Kurud, District Dhamtari (CG) for offence punishable under Sections 87, 137,

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2

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64(2)(m) of BNS and Section 5(l)/6 of Protection of Children from Sexual Offences Act, 2012.

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3. As per the prosecution case, the allegation against the applicant is that knowing fully well that the victim was a minor, he kidnapped her from the lawful guardianship of her parents, took her to his house and forcibly committed sexual intercourse with her. On report being lodged in this regard, the applicant was arrested on 25.05.2025.

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4. Learned counsel appearing for applicant submits that the applicant is innocent and he has been falsely implicated in this case. He submits that the victim was a consenting party, as a love affair existed between them and she accompanied the applicant of her own will. The MLC report is also negative. He further submits that there are total 24 witnesses, only 3 of whom have been examined till date, the applicant is in jail since 25.05.2025 and there is no likelihood of the trial to be concluded at the earliest. Therefore, considering all these facts the applicant may be released on bail.

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5. Learned State counsel, on the other hand, opposing the bail application submits that the victim was minor on the date of incident and considering the nature of offence, the applicant does not deserve to be released on bail.

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6. Heard learned counsel for the parties and perused the case diary.

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7. Taking into consideration the entire facts and circumstances of the case, particularly the nature and gravity of offence and the

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material collected and available on record, this Court is not inclined to release the applicant on bail.

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8. Accordingly, the present bail application stands rejected .

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9. However, considering it to be an exceptional case as the applicant is in jail since 25.05.2025, the Trial Court is directed to ensure that the trial is concluded as expeditiously as possible preferably within a period of 5 months from the date of receipt of a copy of this order.

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10. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information.

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Sd/( Sanjay Kumar Jaiswal) JUDGE

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Khatai

Tikendra Bandhe v. State of Chhattisgarh

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Tikendra Bandhe v. State of Chhattisgarh

Case brief

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