1 2026:CGHC:9126 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1365 of 2026 Shahrukh Khan S/o Majid Khan, Aged About 30 Years R/o Ward No. 2, Chorbhatthi Khurd, Kota Road, Police Station Sakari, District- Bilaspur (C.G.) ... Applicant versus State Of Chhattisgarh Through The Station House Officer, Police Of Police Station Bagbahara, District- Mahasamund (C.G.) ... Respondent For Applicant : Mr. Devesh Chandra Verma, Advocate For Respondent/State : Dr. Smt. Richa Pandey, P.L. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order On Board 20.02.2026 1. Despite the service of notice, the victim has not connected through virtual mode from the concerned DLSA. 2. This is the first bail application filed u/s 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No.105/2025 registered at Police Station Bagbahara, District Mahasamund BHOLA NATH KHATAI Digitally signed by BHOLA NATH KHATAI Date: 2026.02.20 15:36:12 +0530 2 (C.G.) for offence punishable under Sections 137(2), 87, 64(2)(K), 64(2)(M), 6(1), 65(1) & 238 of BNS and Section 6 of Protection of Children from Sexual Offences Act. 3. As per the prosecution case, the applicant, knowing fully well that the victim was a minor, kidnapped her from the lawful guardianship of her parents, took her to different places and forcibly committed sexual intercourse with her more than once on the pretext of marriage. Subsequently, on report being lodged in this regard, the applicant was arrested on 02.05.2025. 4. Learned counsel for applicant submits that the applicant is innocent and he has been falsely implicated in this case. He submits that the victim was a consenting party and she went with the applicant of her own free will. He further submits that out of total 30 witnesses, only 6 have been examined before the trial Court including the victim, her parents and concerned teacher, the applicant is in jail since 02.05.2025 and there is no likelihood of the trial to be concluded at the earliest. Hence, considering all these facts, the applicant may be released on bail. 5. Learned State counsel, on the other hand, opposing the bail application submits that the victim was minor at the time of incident, she has supported the case of prosecution and considering the nature of offence, the applicant does not deserve to be released on bail. 6. Heard learned counsel for the parties and perused the case diary. 3 7. Taking into consideration the overall facts and circumstances of the case, particularly the court statements of the victim, her father and concerned teacher (PW-5) and also considering the facts that out of total 30 witnesses only 6 have been examined, the applicant is in jail since 02.05.2025 and there is all possibility of the trial taking considerable time for its conclusion, without commenting anything on merits of the case, this Court is inclined to grant bail to the applicant. 8. Accordingly, the application for grant of bail is allowed. It is directed that the present Applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court. The applicant is directed to appear before the trial Court on each and every date to be given to him by the said Court till completion of the trial. 9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information. Sd/- (Sanjay Kumar Jaiswal) Khatai JUDGE