1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9940 of 2025 1 - Avinash Kashyap S/o Shri Ramkumar Aged About 20 Years Caste- Kashyap, R/o Village- Tenduwa, Police Station- Nawagarh, District- Janjgir- Champa (C.G.) 2 - Ramkumar Kashyap S/o Shri Hariram Kashyap Aged About 40 Years Caste - Kashyap, R/o Village- Tenduwa, Police Station- Nawagarh, District- Janjgir-Champa (C.G.) 3 - Smt. Nirmala Kashyap W/o Shri Ramkumar Kashyap Aged About 35 Years Caste - Kashyap, R/o Village- Tenduwa, Police Station- Nawagarh, District- Janjgir-Champa (C.G.) ... Applicants versus State of Chhattisgarh Through - Police Station - Nawagarh, District- Janjgir- Champa (C.G.) ... Respondent For Applicants : Mr. Pushpendra Kumar Patel, Adv. For Respondent/State : Ms. Laxmeen Kashyap, P.L. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order On Board 27/01/2026 1. None appeared on behalf of the victim, though notice has been served. 2. The applicants have preferred this 1st bail application under Section 483 of Bhartiya Nagrik Suraksha Sanhita Act 2023 for grant of regular bail as they are arrested in connection with crime No.454/2025, registered at Police Station – Nawagarh, District- Janjgir Champa (C.G.) for offence punishable under Sections 64(2)(M), 65(1), 87 3(5) of BNS, Sections 4 & 6 of the POCSO Act, 2012 and Section 10 of Prohibition of Child Marriage Act, 2006. 3. As per prosecution, the allegation against applicant Avinash is that he abducted the minor victim on 13.10.2024, and took her to his house. Furthermore, the applicants/accused Nirmala Kashyap and Ramkumar Kashyap, who are the parents of the accused Avinash Kashyap, forcibly arranged the marriage of the victim, who was under 16 years of SHUBHAM SINGH RAGHUVANSHI Digitally signed by SHUBHAM SINGH RAGHUVANSHI Date: 2026.01.27 17:43:17 +0530 2 age, with Avinash Kashyap on 05.03.2025. It is also alleged that Avinash Kashyap repeatedly had physical relations with the minor victim. Based on above, offence has been registered against the applicants. 4. Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the crime in question. He further submits that statements of the victim and her father have already been recorded before the Trial Court and they are not supporting the case of prosecution. He further submits that the applicants are in jail since 17.10.2025, out of 15 prosecution witnesses only 2 have been examined till date and the trial is likely to take time to be finalized, therefore, it is prayed that the applicants may be enlarged on bail. 5. Per contra, learned Counsel appearing on behalf of the State opposes the bail application and submits that at the time of incident, the victim was minor and she also became pregnant by applicant Avinash Kashyap, therefore, looking to the nature of offence, the applicants may not be released on bail. 6. I have heard learned Counsel appearing for the parties and perused the material available on record. 7. Considering the facts and circumstances of the case, evidence collected by the prosecution and the detention period of the applicants, without further commenting on merits of the case, I am inclined to release the applicants on bail. 8. Accordingly, the bail application is Allowed. 9. It is directed that the applicants shall be released on bail on executing a personal bond for a sum of Rs. 20,000/- each with one solvent surety for the like sum to the satisfaction of the Trial Court for their appearance before the said Court as and when directed. Sd/- (Sanjay Kumar Jaiswal) Judge Shubham