Research › Search › Judgment

High Court of Chhattisgarh · body

2026 DAILYLAW 1130 (CHH)

NIRMAL YADAV v. STATE OF CHHATTISGARH

MCRC/2027/2026 · 2026-03-12

Shri Sanjay Kumar Jaiswal

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2026:CGHC:12079 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2027 of 2026 Nirmal Yadav S/o Rameshwar Yadav, Aged About 26 Years R/o Village Kathiya-02, P.S. Gobra Nawapara, Distt. Raipur C.G. ... Applicant versus State of Chhattisgarh through the Police Station- Gobra Nawapara, Distt. Raipur C.G. ... Respondent For the applicant : Mr. Pragalbha Sharma, Advocate For the State : Mr. Aman Tamrakar, Panel Lawyer (Hon’ble Shri Justice Sanjay Kumar Jaiswal) Order on Board 13.03.2026 1. This is first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant in Crime No. 7/2026 registered at Police Station Gobra, Nawapara, District Raipur (CG) for the offences under Sections 376(2)(n) of IPC & Section 4 & 6 of the POCSO Act. ALLENA ANNAJEE RAO Digitally signed by ALLENA ANNAJEE RAO Date: 2026.03.16 11:45:50 +0530 2 2. As per the prosecution case, the victim lodged a written complain on 05.01.2016 alleging that on 09.08.2018 she went to the house of accused on the occasion of his birthday and sometime after cutting the birthday cake, the accused forcibly established physical relations with her and further continued sexual relations with her till filing of the report on the pretext of marriage. 3. Learned counsel for the applicant submits that the victim was shown to be aged about 23 years of age at the time of filing report and there is an inordinate delay of 7-8 years in lodging the FIR on 05.01.2026. He submits that there were love affairs between the applicant and the victim and their marriage was performed in a temple, however, the victim’s family do not want the victim to marry him and he has been falsely implicated in this case. He submits that the applicant is in jail since 6.01.2026; charge sheet has been filed and there is no immediate possibility of disposal of the trial, 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 was subjected to forcible sexual intercourse for long from 09.08.2018 to the date of lodging report on the pretext of marriage. 5. The victim appears in person before this Court and objected to grant bail. 6. Having considered the submissions made by learned counsel for the parties and the over-all facts and circumstances of the case as also the fact that the victim was shown to be major in her written 3 report and further considering the fact that the trial is likely to take time, 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