Nikhil Kumar Uike vs State Of Chhattisgarh

Ramesh Sinha, CJ

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

Case of the prosecution, in brief, is that the victim submitted a written complaint on 17.03.2025 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 14.03.2025, 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 Sections 296, 115(2), 351(1), 331(6), 74, and 75(1) of the B.N.S.

Learned counsel for the applicant submits that the first bail application of the applicant was rejected by this Court on merits vide order dated 09.06.2025, 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 18.03.2025, hence, he prays for releasing the applicant on regular bail.

On the other hand, learned State counsel opposes the bail application and submits that the applicant entered the house of the victim at knife-point, misbehaved with her, attempted to outrage her modesty and also stabbed her hand with the knife, therefore, looking to the nature of allegations levelled against the applicant, he is not entitled for grant of bail and as such, the present second bail application is also liable to be rejected.

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

Considering the above submissions made by learned counsel for the parties, as the prosecutrix has turned hostile, the same cannot be a ground for releasing the applicant on bail as the same amounts to only tampering with the evidence.

From perusal of the records, it transpires that this is the second bail application of the applicant and first bail application of the applicant was rejected by this Court vide order dated 09.06.2025 in MCRC No. 3024 of 2025 on the ground that the applicant entered the house of the victim at knife-point, misbehaved with her, attempted to outrage her modesty and also stabbed her hand with the knife. Furthermore, the ground raised in this second bail application that the prosecutrix has turned hostile cannot be a ground to release the applicant on bail as the same would only amount to tempering with the evidence. As such, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail.

Accordingly, the second bail application of the applicant- Nikhil Kumar Uike, involved in Crime No.62/2025 registered at Police Station- Fraserpur, District- Bastar (C.G.) for the offence punishable under Sections 296, 115(2), 351(1), 331(6), 74, 75(1) of the BNS, is rejected at this stage.

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