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2026 DAILYLAW 12528 (CHH)

CHAMLU RAM BAGHEL v. STATE OF CHHATTISGARH

MCRC/322/2026 · 2026-01-21

Shri Sanjay Kumar Jaiswal

body2026

Judgment text

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1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 322 of 2026 Chamlu Ram Baghel S/o Munnu Ram Baghel , Aged About 31 Years R/o Village Chhote Devda, Tahsil Bakawand, District- Bastar (C.G.) ... Applicant versus State of Chhattisgarh through the Station House Officer, Police of Police Station Nagarnar, District- Bastar (C.G.) ... Respondent For the petitioner : Mr. Ramsajiwan, Advocate For the State : Mr. Ajay Kumrani, Panel Lawyer (Hon’ble Shri Justice Sanjay Kumar Jaiswal) Order on Board 22.01.2026 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. 107/2024 registered at Police Station Nagarnar, District Bastar (CG) for the offences under Sections 363, 366-A, 506 (Part 2), 376(2)(n) of IPC and section 6 of the POCSO Act. 2. As per the prosecution case, the applicant had taken away the victim minor girl from the lawful custody of her guardian without the consent of guardian and thereafter in between 25.04.2024 to 14.06.2024 the applicant committed forcible sexual intercourse with her by threatening to kill her and by criminal intimidation. ALLENA ANNAJEE RAO Digitally signed by ALLENA ANNAJEE RAO Date: 2026.01.22 17:47:58 +0530 2 3. Learned counsel for the applicant submits that there was love affairs between the victim and the applicant, the victim had voluntarily accompanied him and she was a consenting party. He further submits that although the victim is stated to be minor yet the evidence of correct age has not been proved. He submits that the applicant is in jail since 16.06.2024 and till date out of a total 18 witnesses, only 7 have been examined and and there is no immediate possibility of disposal of case, therefore, looking to the long custody of the applicant 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. He submits that the victim was taken away from the lawful custody of her guardian without her consent and thereafter committed forcible rape by threatening her. 5. The victim appeared through VC from the concerned DLSA and raised objection to granting bail. 6. Having considered the submissions made by learned counsel for the parties and the fact that the material available on record, I am not inclined to release the applicant on regular bail, at this stage. Accordingly, the bail application is rejected. 7. However, looking to the custody period of the applicant as he is stated to be in jail since 16.06.2024, the trial Court is directed to expedite the trial as early as possible preferably within a period of 4 months from the date of receipt of copy of this order. 8. Copy of this order be sent to the trial Court for information. Sd/- (Sanjay Kumar Jaiswal) Judge Rao