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1987 DAILYLAW 1 (CHH)

RAJKIRAN BHANDARI v. STATE OF CHHATTISGARH

MCRC/1987/2026 · 2026-03-10

Shri Sanjay Kumar Jaiswal

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Judgment text

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1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1987 of 2026 Rajkiran Bhandari S/o Balram Bhandari Aged About 22 Years R/o Village Paurjhola, P.S. Mohala, District Mohla-Manpur-Ambagarh Chowki ... Applicant versus State of Chhattisgarh through Station House Officer, Police Station Mohala, District Mohla-Manpur-Ambagarh Chowki C.G. ... Respondent For the petitioner : Mr. N.K. Malviya, Advocate For the State : Mr. Tarkeshwar Nande, Panel Lawyer (Hon’ble Shri Justice Sanjay Kumar Jaiswal) Order on Board 11.03.2026 1. This is second bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant in Crime No.100/2023 registered at Police Station Mohala, District Mohla-Manpur-Ambagarh Chowki (CG) for the offences under Sections 363, 366, 376(2)(n) of IPC and Section 5(L)/6 of the POCSO Act. The first bail application was dismissed by order dated 02.07.2025 passed in MCRC No. 4344 of 2025. 2. As per the prosecution case, a report was filed by the complainant stating that on 24.07.2023, the applicant had taken away her minor daughter from their lawful custody and committed forcible sexual intercourse. ALLENA ANNAJEE RAO Digitally signed by ALLENA ANNAJEE RAO Date: 2026.03.12 17:15:02 +0530 2 3. Learned counsel for the applicant submits that after rejection of the first bail application, the victim and her mother have been examined and it is clear from the victim’s court statement that there was love affairs between her and the applicant and she had voluntarily accompanied him, therefore, she was consenting party and now she has married to another person. He next submits that although the prosecutrix is stated to be minor, yet the evidence of her correct age has not been proved. He submits that the applicant is in jail since 18.11.2024; till date out of a total 14 witnesses, only 4 have been examined and there is no immediate possibility of disposal of case, therefore, he may be enlarged on bail. 4. Per contra, learned State Counsel opposes the bail application and submits that at the time of incident, the victim was minor and the victim and her mother have supported the prosecution case. 5. The victim along with her mother has appeared through VC from the concerned DLSA and raised objection to grant bail. 6. Having considered the submissions made by learned counsel for the parties and looking the court statement of the victim and the long custody period of the applicant as also the fact that the trial is likely to take time, without observing anything on the merits of the case, I am inclined to release the applicant on regular bail. 7. Accordingly, this bail application is allowed and the applicant is directed to be released on bail on his furnishing a personal bond in sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the trial Court for his appearance before the said Court as and when directed in that behalf. Cc as per rules. Sd/- (Sanjay Kumar Jaiswal) Judge Rao