Abhishek Kumar Paikra Vs the State of Chhattisgarh

1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No.21/2026 registered at Police Station – Sonhat District Korea C.G., for the offence punishable under Sections 376(2)(n) IPC and Sections 4 & 6 of Protection of Children from Sexual Offences Act.

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2. The prosecution case, in brief, is that the applicant became known to the prosecutrix in the year 2020 and allegedly induced her into a

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relationship by assuring her that he loved her and would marry her. It is alleged that, on the pretext of marriage, he repeatedly established physical relations with her on several occasions. The last such incident is stated to have occurred in December 2025. Thereafter, when the prosecutrix's marriage was fixed for January 2026, the applicant allegedly got the marriage cancelled. Following the cancellation of the marriage, the prosecutrix disclosed the incident to her parents, whereupon the First Information Report was lodged for the above offences. Hence this bail application.

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3. Despite service of notice, prosecutrix did not appear before this Court.

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4. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. It is contended that the relationship between the applicant and the prosecutrix was consensual and that the allegations have been levelled only after the marriage between the prosecutrix, the present applicant is ready to marry her and out of fear of her family member the victim has given false statement against the present applicant. It is further submitted that the prosecution has failed to establish the alleged offences by cogent and reliable evidence. The applicant has been in custody since 16.03.2026, the trial is likely to take considerable time, and, therefore, he prays that he be enlarged on bail.

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5. On the other hand, learned State counsel opposes the bail application and submits that when the office was committed the victim was aged about 16 year and the applicant has established

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physical relations multiple time with the victim on the pretext of marriage and also threatened her, therefore, he prays for dismissal of the application.

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6. I have heard learned counsel for the parties and perused the case diary.

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7. Considering the facts and circumstances of the case, particularly the nature and gravity of the offence, I am not inclined to release the applicant on bail.

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8. Accordingly, the bail application filed under Section 483 of BNSS, 2023 is rejected.

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9. Office is directed to sent a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith.

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Sd/-

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(Radhakishan Agrawal) Judge

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Saxena

Abhishek Kumar Paikra v. the State of Chhattisgarh

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Abhishek Kumar Paikra v. the State of Chhattisgarh

Case brief

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