NIKHIL KUMAR UIKE Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This is the second bail application filed under Sec. 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.62/2025 registered at Police Station- Fraserpur, District-Bastar (C.G.) for the offence punishable under Ss. 296, 115(2), 351(1), 331(6), 74, 75(1) of the BNS.

(2.) Case of the prosecution, in brief, is that the victim submitted a written complaint on 17/3/2025 at Police Station Fraserpur/Parapa, District Bastar, Chhattisgarh. She stated that she is employed as a Livestock Promoter at the Agricultural College and resides in the government residential colony. Due to a holiday on account of Holi, she had taken audit-related work to her government quarters to complete it. On 14/3/2025, at around 10:00 PM, after finishing her work and preparing to sleep, she heard a knock at the door. Upon checking, she found one Nikhil Uike, a resident from the floor below, standing outside. On being asked the reason for his visit, he requested a glass of water. As she turned to bring water, he allegedly barged into the room, brandished a knife, and stated, 'I see you on the terrace every day. I like you.' The victim protested, saying she was older than him. He allegedly threatened her to remain silent or he would slit her throat, closed the door, and began to touch her inappropriately. It is further alleged that he dragged her into another room, switched off the lights, removed his pants, and asked her to perform oral sex. The victim pleaded with him, stating that she was about to get married, but he tried to forcibly establish physical relations with her. He reportedly abused her and used derogatory language towards her and her family. Thereafter, he allegedly took her to the terrace at knife-point, attempted to remove her undergarments, and tried to force himself upon her again. Subsequently, he brought her back to the bedroom, snatched her phone, and threatened to kill the person she was going to marry if she disclosed the incident to anyone. He also allegedly attempted to forcefully take a selfie with her. When she resisted, he stabbed her hand with the knife. The victim then managed to call her family members and informed them about the incident. Thereafter, she approached the police station and lodged a formal complaint. Based on the written complaint, Police Station Fraserpur registered an FIR under Crime No. 62/2025 for offences punishable under Ss. 296, 115(2), 351(1), 331(6), 74, and 75(1) of the B.N.S.

(3.) Learned counsel for the applicant submits that the first bail application of the applicant was rejected by this Court on merits vide order dtd. 9/6/2025, therefore this second bail application is filed on the ground that the prosecutrix herself has turned hostile before the learned trial Court, charge-sheet has already been filed in the present case and the applicant is in jail since 18/3/2025, hence, he prays for releasing the applicant on regular bail.