SHIVKUMAR @ SHIBO vs STATE OF CHHATTISGARH

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CGHC010325302026 2026:CGHC:45076
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 7834 of 2026
1 - Shivkumar @ Shibo S/o Ravisingh Aged About 23 Years R/o Chhindgaon,
P.S. Karpawand, District- Bastar (C.G.) ... Applicant(s)
versus
1 - State Of Chhattisgarh Through The Police Station Karpawand, District-
Bastar (C.G.) ... Respondent
For Applicant : Mr. Pravin Kumar Tulsyan, Advocate
For Respondent/State : Ms. Ankita Shukla, P.L.

Hon’ble Shri Justice Rakesh Mohan Pandey
Order on Board
26.10.2026
1. The applicant has preferred this First Bail Application under Section
483 of the BNSS, 2023 for grant of regular bail, as he has been
arrested in connection with Crime No. 24/2026, registered at Police
Station Karpawand, District Bastar (C.G.) for the offence punishable
under Sections 65(1), 89 and 332(B) of BNS and 4 & 6 of POCSO.
2. Case of the prosecution, in brief, is that the applicant sexually
assaulted the victim, aged about 15 years on the pretext of marriage.
The FIR was lodged against the applicant by the mother of the victim,
pursuant to which the offences, as stated above, were registered

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against him.
3. In pursuance of the notice dated 21.08.2026 issued to the victim, today
the victim along with her mother appeared before this Court through
video conferencing from concerned DLSA and have given consent to
releasing the applicant on bail.
4. Learned counsel appearing for the applicant would submit that victim
and her mother have already been examined before the learned trial
Court and they have not supported the case of the prosecution. He
would further submit that on the date of alleged incident, the age of the
victim was more than 18 years. It is also argued that victim has denied
the suggestions put forth by the Public Prosecutor. The applicant is in
jail since 21.03.2026. He, therefore, prays for grant of bail to the
applicant.
5. On the other hand, learned State counsel would oppose the bail
application and submit that the victim was 15 years of age on the date
of the incident and serious allegations have been levelled against the
present applicant and, therefore, application moved by the applicant for
grant of bail may be rejected.
6. I have heard the learned counsel for the parties and perused the case
diary.
7. Taking into consideration the facts and circumstances of the case,
particularly the fact that, in her statement recorded under Section 183
of the BNSS and her deposition where the victim disclosed her age as
20 years and did not support the case of the prosecution, and further
considering that her mother has also been examined and has not

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supported the prosecution case, both having turned hostile, and that
the victim denied the suggestions put forth by the learned Public
Prosecutor, and further considering that the applicant has been in
custody since 21.03.2026 and the conclusion of the trial is likely to take
some time, I am inclined to grant bail to the present applicant.
Accordingly, the bail application is allowed .
8. Let applicant be released on bail on furnishing a personal bond of Rs.
50,000/- with one surety in the like sum to the satisfaction of the court
concerned with the following conditions:-
(i) The applicant shall file an undertaking to the effect that
he shall not seek any adjournment on the dates fixed for
evidence when the witnesses are present in court. In case
of default of this condition, it shall be open for the trial
court to treat it as abuse of liberty of bail and pass orders
in accordance with law.
(ii) The applicant shall remain present before the trial court
on each date fixed, either personally or through his
counsel. In case of his absence, without sufficient cause,
the trial court may proceed against him under Section 269
of Bharatiya Nyaya Sanhita.
(iii) In case, the applicant misuses the liberty of bail during
trial and in order to secure his presence, proclamation
under Section 84 of BNSS is issued and the applicant fails
to appear before the court on the date fixed in such
proclamation, then, the trial court shall initiate proceedings
against him, in accordance with law, under Section 209 of
the Bharatiya Nyaya Sanhita.
(iv) The applicant shall remain present, in person, before
the trial court on the dates fixed for (i) opening of the case,
(ii) framing of charge and (iii) recording of statement under

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Section 351 of BNSS. If in the opinion of the trial court
absence of the applicant is deliberate or without sufficient
cause, then it shall be open for the trial court to treat such
default as abuse of liberty of bail and proceed against him
in accordance with law.
Sd/-
(Rakesh Mohan Pandey)
Judge

Jyoti