Aakash Kumar Vs State of Chhattisgarh

1. 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.51/2026 registered at Police Station Bango, District Korba (CG) for the offence punishable under Section 64(2)(i) of BNS and Section 4(1) of POCSO Act (as per charge sheet).

¶14

2. The applicant's first bail application was dismissed as withdrawn on 16.04.2026 in MCRC No. 3024/2026.

¶15

Digitally signed by HEERALAL HEERALAL SAHUDate: SAHU 2026.05.12 15:42:34 +0530

¶16

2

¶17

3. As per the prosecution case, the complainant/victim had lodged a report at the police station to the effect that the applicant/accused has subjected her to sexual exploitation over the past one year under the false pretext of marriage, claiming to be in love with her; he first engaged in sexual intercourse with her at her residence on 22.11.2025, subsequently engaged in sexual intercourse again on 02.03.2026, and now he is denied to marry her. Based on this, offence has been registered against the present applicant.

¶18

4. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. He further submits that the victim is a consenting party and that the victim and the applicant have been in a relationship for the last year. As per the radiologist's report, the victim is aged about 17-18 years on the date of the incident; hence, there is a strong possibility that the victim is of legal age, and only to falsely implicate the applicant, the age has been lowered. He also submits that the applicant is in jail since 05.03.2026, and there is no likelihood of the trial being concluded at the earliest. Hence, considering all these facts, the applicant may be released on bail.

¶19

5. Learned State counsel, on the other hand, opposing the bail application, submits that the victim was a minor at the time of the incident and the accused/applicant was 28 years old, who committed the wrong against the victim. There is sufficient material against the applicant. There are 20 listed witnesses in this case, and the trial has not commenced yet. Therefore, considering

¶20

3

¶21

the gravity of the offence, at this stage, the applicant does not deserve to be released on bail.

¶22

6. No one appeared on behalf of the victim, though notice has been served.

¶23

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

¶24

8. Taking into consideration the entire facts and circumstances of the case, particularly the nature and gravity of the offence and the material collected and available on record against the applicant, and further considering that the trial has not commenced yet, without commenting on the merits of the case, at this stage, this Court is not inclined to release the applicant on bail.

¶25

9. Accordingly, the present bail application stands rejected .

¶26

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

¶27

Sd/( Sanjay Kumar Jaiswal) JUDGE

¶28

H.L. Sahu

Aakash Kumar v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Aakash Kumar v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Bhavesh Verma Vs State of Chhattisgarh

Sanjay Tiwari Vs Shri Krishna Murti

Kishan Lal Davna Vs Nirmal Dahariya

Bhupat Karsh Vs State of Chhattisgarh

Kheer Sagar Chauhan Vs State of Chhattisgarh

Gopi Khare Vs State of Chhattisgarh