Dismissed¶¶29

Bhojram Shriwas @ Rikki Sen @ Vickcky v. State of Chhattisgarh

Chhattisgarh HC18 Feb 2026MCRC/1094/2026

Case brief

AI extract

What is this about?

Second regular bail application rejected; MCRC No. 1094 of 2026; 2026:CGHC:8881; High Court of Chhattisgarh at Bilaspur; Section 483 BNSS 2023; Sections 107, 65, 3(5) BNS 2023; Sections 4 & 6 POCSO Act; Crime No.694/2024 P.S. Janjgir; forcible sexual intercourse with minor girls; abetment of suicide; victim turned hostile; PW-4 father and PW-5 brother supported prosecution; no change in circumstances after first rejection (MCRC No.3012/2025, order dated 17.06.2025); direction to conclude trial within 5 months; applicant in custody since 04.09.2024.

What did the court decide?

Second regular bail application rejected; bail refused. However, the Trial Court is directed to conclude the trial as early as possible, preferably within 5 months, and Office to send a certified copy of the order to the trial Court. ¶¶29

Bhojram Shriwas @ Rikki Sen @ Vickcky Vs… — Child Sexual Offences (POCSO) | Chhattisgarh HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the applicant, arrested in Crime No.694/2024 (offences under Sections 107, 65, 3(5) BNS 2023 and Sections 4 & 6 POCSO Act), should be released on regular bail in his second bail application under Section 483 BNSS, 2023.

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Court's answer

Considering the overall facts and circumstances, particularly the court statements of the victim's father (PW-4) and brother (PW-5), the nature and gravity of the offence, the material on record against the applicant, and the absence of any change in circumstances after rejection of the first bail application on merits, the Court is not inclined to release the applicant on bail.

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Ratio / Principle

Since the applicant is in jail since 04.09.2024 and only 6 of 36 witnesses have been examined, the Trial Court is directed to ensure conclusion of the trial as early as possible, preferably within 5 months from receipt of a copy of the order.

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Detailed headnote1 paragraphs

High Court of Chhattisgarh at Bilaspur (Sanjay Kumar Jaiswal, J.; order dated 19.02.2026) rejected a second regular bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in Crime No.694/2024, P.S. Janjgir, District Janjgir-Champa, for offences under Sections 107, 65, 3(5) of BNS, 2023 and Sections 4 & 6 of POCSO Act. Per the prosecution case, on 03.09.2024 the applicant along with co-accused allegedly committed forcible sexual intercourse with minor girls at village Khokhra and abetted them to commit suicide; one of the two girls died after consuming pesticide. Defence submitted that the victim, examined before the trial Court, had turned hostile and that the victims consumed poison out of fear of the crowd; the State opposed, noting the victim's father (PW-4) and brother (PW-5) supported the prosecution. The first bail application (including of co-accused Paleshwar) was rejected on merits on 17.06.2025 in MCRC No.3012/2025; no change in circumstances was shown. The victim's father appeared virtually via DLSA and objected to bail. Bail was refused, and the Trial Court was directed to conclude the trial preferably within 5 months (applicant in jail since 04.09.2024; only 6 of 36 witnesses examined).

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Digitally BHOLA signed byBHOLANATH NATH KHATAI KHATAI Date:2026.02.20 10:33:44 +0530

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2026:CGHC:8881

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NAFR

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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MCRC No. 1094 of 2026

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Bhojram Shriwas @ Rikki Sen @ Vickcky S/o Shri Santosh Shrivas Aged About 23 Years R/o Vill- Jarwe, P.S. Nagarda, Distt.- JanjgirChampa (C.G.)

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... Applicant

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versus

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State Of Chhattisgarh Through- S.H.O., P.S. Janjgir, Distt.- JanjgirChampa (C.G.)

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... Respondent

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For Applicant : Mr. Ravindra Sharma, Advocate For Respondent/State : Mr. Vinod Tekam, P.L.

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Hon'ble Shri Justice Sanjay Kumar Jaiswal

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Order On Board

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19.02.2026

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1. The victim’s 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 second 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.694/2024 registered at Police Station Janjgir, District Janjgir-Champa (CG) for the offence punishable under

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Sections 107, 65, 3(5) of BNS, 2023 and Sections 4 & 6 of POCSO Act.

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3. The first bail application of the applicant and co-accused Paleshwar was rejected on merits vide order dated 17.06.2025 in MCRC No.3012/2025. This is the second bail application of applicant Bhojram Shriwas.

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4. As per the prosecution case, on 03.09.2024, the applicant along with co-accused committed forcible sexual intercourse with the minor girls in village Khokhra and abetted them to commit suicide, due to which they consumed pesticides which resulted in death of one girl out of the two. Subsequently, on the report being lodged in this regard, the applicant was arrested on 04.09.2024.

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5. Learned counsel for the applicant submits that the victim has been examined before the trial Court and she has not supported the case of prosecution and turned hostile. He submits that the applicant did not abet the victims to commit suicide. Rather the victims consumed poison out of fear due to the presence of a large crowd at the place of incident. The applicant has no role in the commission of offence. He further submits that there are total 36 witnesses out of which only 6 have been examined till date, the applicant is in jail since 04.09.2024 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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6. Learned State counsel, on the other hand, opposing the bail application submits that the first bail application of the applicant has already been rejected on merits and there has been no subsequent change in circumstances. He submits that one victim died by consuming pesticides, leading to a charge of abetment of suicide against the applicant. The father (PW-4) and brother (PW-5) of the victim have supported the case of

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prosecution. Therefore, considering all these facts and the nature of offence, the applicant does not deserve to be released on bail.

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

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8. Taking into consideration the overall facts and circumstances of the case, particularly the court statements of the victim’s father (PW-4) and brother (PW-5), the nature and gravity of offence, the material collected and available on record against the applicant and further considering the fact that no change in circumstances has been made out after rejection of the first bail application on merits, this Court is not inclined to release the applicant on bail.

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9. Accordingly, the second bail application stands rejected .

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10. However, considering the fact that the applicant is in jail since 04.09.2024 and out of total 36 witnesses only 6 have been examined so far, the Trial Court is directed to ensure that the trial is concluded as early as possible preferably within a period of 5 months from the date of receipt of a copy of this order.

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11. 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

Bhojram Shriwas @ Rikki Sen @ Vickcky v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Bhojram Shriwas @ Rikki Sen @ Vickcky v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

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