Extracted from the PDF above. The PDF is authoritative.
1
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 936 of 2026 Farhan Khan S/o Faiz Khan Aged About 19 Years R/o Bhartiya Nagar, Bilaspur, P S Civil Lines Distt Bilaspur C.G.
... Applicant versus State Of Chhattisgarh Through P S Civil Lines Distt Bilaspur C.G.
... Respondent For Applicant : Ms. Priyanka Shukla, Advocate For Respondent/State : Mr. K. K. Bahrani, P.L. For Victim/Objector Mr. Pragalbh Sharma, Advocate Hon'ble Shri Justice Sanjay Kumar Jaiswal
Order On Board 09.02.2026
1. The victim appeared in person before this Court today and raised objection to the grant of bail to the applicant. 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.1290/2025 registered at Police Station Civil Lines, District Bilaspur (CG) for the offence punishable under Section 376(2)(n) of IPC and BHOLA NATH KHATAI Digitally signed by BHOLA NATH KHATAI Date: 2026.02.10 14:18:41 +0530
2 Sections 4 & 6 of Protection of Children from Sexual Offences Act,
2012. 3. As per the prosecution case, the applicant knowing fully well that the victim was a minor, he repeatedly committed sexual intercourse with her on the pretext of marriage due to which she became pregnant. Subsequently, on the report being made in this regard, the applicant was arrested on 30.11.2025. 4. Learned counsel for applicant submits that in this case, there is an inordinate delay in lodging the FIR as the alleged incident took place on 22.04.2023 whereas the FIR was lodged on 29.10.2025. Although the victim was a minor at the time of incident, she had attained the age of majority by the time the FIR was lodged. She submits that charge sheet has been filed, the applicant is in jail since 30.11.2025 and there is no likelihood of the trial to be concluded at the earliest as it has not yet commenced. 5. Learned counsel for applicant further submits that another FIR concerning the same period was lodged on 07.04.2024 for the incident that took place on 20.10.2023. This was registered as Crime No.286/2024 against one Arpan David for the offence committed with the victim under Sections 363, 366, 376(2)(n) of IPC and Section 6 of POCSO Act. In that case, the victim and her mother did not support the case of prosecution and turned hostile, consequently, Arpan David was acquitted of all the charges. 3 Therefore, considering all these facts, the applicant may be released on bail. 6. Learned state counsel, on the other hand, opposing the bail application submits that the victim was minor at the time of incident and due to the said offence, she became pregnant which was subsequently medically terminated. Therefore, considering the nature of offence, the applicant does not deserve to be released on bail. 7.
Heard learned counsel for the parties and perused the case diary. 8. Taking into consideration the entire facts and circumstances of the case, particularly the fact that there is a delayed FIR in this case, two FIRs have been filed for the same pregnancy and also considering the fact that the applicant is in jail since 30.11.2025 and there is all possibility of the trial taking considerable time for its final conclusion as it has not yet commenced, this Court is of the opinion that prima facie, a case for grant of bail to the applicant has been made out. 9. 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.
4
10. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information. Sd/- (Sanjay Kumar Jaiswal) JUDGE Khatai