1 2026:CGHC:6020 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 669 of 2026 1 - Shiva Patnayak S/o Govind Patnayak, Aged About 19 Years, R/o Ambedkar Awas, I.T.I. Colony, Boerdadar, Raigarh P.S. Chakdradharnagar, District- Raigarh, Chhattisgarh. ... Applicant versus 1 - State Of Chhattisgarh Through- Station House Officer, Police Station Mahila Thana Raigarh, District- Raigarh (C.G.). ... Respondent For Applicant : Mr. Manoj Kumar Jaiswal, Adv. For State/Respondent : Mr. K.K. Baharani, P.L. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order on Board 03/02/2026 1. Today, the victim along with her mother has appeared virtually from the concerned DLSA and recorded her ‘no objection’ in granting bail to the applicant. 2. This is the first 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. 03/2025 registered at Police Station – Mahila Thana Raigarh, District Raigarh (C.G.), for the offence punishable under Sections 64(2)(m) and 64(2)(h) of BNS and Section 5(l)(ii) SOURABH PATEL Digitally signed by SOURABH PATEL Date: 2026.02.04 10:19:32 +0530 2 (t) punishable under Section 6 and Section 5(t) of the POCSO Act, 2012. 3. Case of the prosecution, in brief, is that, a complaint was filed by Ms. Ramkumari Patel, District Child Protection Unit, Women’s and Child Development Department, Raigarh (C.G.) stating that on 20.01.2025, Child Line 1098 received information that a minor girl had given birth to a newborn baby boy at Kanha Hospital. Upon investigation, it was found that the girl was 17 years old. During counseling on 21.03.2025, the victim revealed that in 2023, a boy (a minor in conflict with the law) seduced her and had sexual relations with her on 27.05.2023. Deepak Budula also seduced her, took her to his home, and had repeated sexual relations with her, resulting to her pregnancy in 2024, which she discovered in September, 2024. The present applicant Shiva Patnaik also had sexual relations with her, saying he loved her. She gave birth to a baby boy on 19.01.2025. Based on the counseling report, the FIR was registered against the applicant and other co-accused persons and during investigation, they were arrested for the aforesaid offences. 4. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated, with no connection to the alleged offense. He further submits that the victim was in a love affair with the main accused person, Deepak Budula, and he committed sexual intercourse at multiple places, but the present applicant has not played any role in connection with 3 this crime. He further submits that the victim has been examined and she has not stated anything against the applicant in her statement. The main accused has already been granted bail by the Juvenile Justice Board. The applicant has no criminal antecedent and has been in jail since 17.07.2025, and the trial is likely to take considerable time to conclude. Therefore, he prays for the grant of regular bail to the applicant. 5. On the other hand, learned counsel for the State opposed the bail application, submitting that out of a total 18 witnesses, only 08 have been examined till date and several important witnesses remain to be examined. Therefore, considering the nature and gravity of the offence, the applicant should not be released on bail. 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. Considering the facts and circumstances of the case, the nature and gravity of the offence, and taking into account the statement of the victim, the applicant is entitled to be released on bail, as the applicant is in jail since 17.07.2025, and the trial is likely to take considerable time to conclude. Without commenting on the merits of the case, it is deemed appropriate to release the applicant on bail. 8. Accordingly, the application is allowed and it is directed that the 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 trial Court. Applicant is 4 directed to appear before the trial Court on each and every date to be given to him by the said Court till disposal of the trial. It is made clear that any observation made by this Court in this order shall not affect the trial of the case. 9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Sanjay Kumar Jaiswal) Judge Sourabh P.