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2026 DAILYLAW 12720 (CHH)

RAJENDRA KUMAR SINHA v. STATE OF CHHATTISGARH

MCRC/10119/2025 · 2026-01-04

Shri Arvind Kumar Verma

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2026:CGHC:477 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 10119 of 2025 • Rajendra Kumar Sinha S/o Hemant Kumar Sinha Aged About 22 Years R/o Village- Ghawadetola Police Station Gotatola Thahshil Mohla District- Mohalla Manpur Ambagarh Chowki (C.G.) ... Applicant. versus • State Of Chhattisgarh Through- Sho Police Station- Doundi District- Balod (C.G.). --- Respondent For Applicant : Mr. Aman Tamrakar, Advocate For Respondent/State : Ms. Supriya Upasana, GA. Hon'ble Shri Justice Arvind Kumar Verma Order on Board 05/01/2026 1. This is first bail application filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhita 2023 for grant of regular bail to applicant, who has been arrested in connection with Crime No.92/2025, registered at PS -Doundi District- Balod (C.G.), for commission of offence punishable under Sections 137(2), 87, 64(2)(M) of BNS; Section 5(L)/6 of the POCSO Act and Section 3(2)(5) of the SC/ ST Prevention of Atrocities Act. 2 2. Case of prosecution, in brief, is that parents of minor prosecutrix/victim lodged missing report to the concerned Police Station, based upon which, FIR was registered and during course of investigation, prosecutrix was recovered from the possession of the applicant. Her statement was recorded and based upon which, applicant was arrested in the aforementioned crime. 3. Learned counsel for the applicant submits that applicant has been falsely implicated in this case, he has not committed any offence as alleged against him. On the date of alleged incident, victim was major, there was love affair between the applicant and victim. Victim herself went with the applicant without raising any alarm. There is delay in lodging of FIR, which has not been explained properly by the prosecution. There is no any other criminal antecedent against the applicant. Applicant is in jail since 02.08.2025, conclusion of trial may take some time, hence, applicant may be released on bail. 4. Per contra, learned State Counsel opposing the submission of counsel for the applicant and submits that applicant has abducted the minor victim (aged about 17 years) and, thereafter, committed forceful sexual intercourse with her. Hence, looking to the nature of offence, applicant may not be released on bail. 5. Heard learned counsel for the parties. 6. Pursuant to order of this Court, mother of victim is appeared by virtual mode from the concerned DLSA and raised objection in granting bail to the applicant. 3 7. Considering facts of the case, nature of allegations, submissions of learned counsel for the parties, the fact that there was love affair between the applicant and victim, particularly that since victim has not supported the alleged incident, therefore, statement under Section 183 of BNS has not been recorded, further considering that there is no any other criminal antecedent against the applicant, charge-sheet has already been filed, detention period of applicant, conclusion of trial may take some time, without commenting anything on merits of the case, I am inclined to allow this bail application. 8. Accordingly, bail application is allowed. It is directed that applicant shall be released on regular bail, on his furnishing a bail bond in sum of Rs.10,000/- with one surety in like sum to satisfaction of concerned Court on the conditions that- a) Applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court. b) Applicant shall not act in any manner which will be prejudicial to fair and expeditious trial, and c) Applicant shall appear before trial Court on each and every date given to him by the said Court till disposal of the trial. Certified copy as per rules. Sd/- (Arvind Kumar Verma) Judge J/-