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2026 DAILYLAW 12926 (CHH)

DOGENDRA MARKAM @ CHOTU MARKAM v. STATE OF CHHATTISGARH

MCRC/144/2026 · 2026-02-09

Shri Sanjay Kumar Jaiswal

body2026

Judgment text

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1 2026:CGHC:7363 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 144 of 2026 Dogendra Markam @ Chotu Markam S/o Prakash Markam Aged About 22 Years R/o Village Jidaar, P/s Mainpur, District Gariyaband C.G. ... Applicant versus State of Chhattisgarh Through S H O, P/s Mainpur, District Gariyaband C.G. ... Respondent (Cause-title is taken from CIS) For Applicant : Mr. Lukesh Ku. Mishra, Adv. appeared through V.C. For Respondent/State : Ms. Binu Sharma, P.L. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order On Board 10/02/2026 1. The victim and her parents appeared virtually and recorded ‘objection’ in granting bail to the Applicant. 2. The applicant has preferred this 1st bail application under Section 483 of Bhartiya Nagrik Suraksha Sanhita Act 2023 for grant of regular bail as he is arrested in connection with crime No. 89/2025, registered at Police Station – Mainpur, District- Gariyaband (C.G.) for offence punishable under Sections 137(2), 96, 64(2)(n), 65(1) of BNS and Section 4 & 6 of the POCSO Act, 2012. 3. The prosecution's case, in short, is that on 30.07.2025, the applicant induced the minor victim and alleged to have committed sexual intercourse with her when she was not in the age consent. Based on SHUBHAM SINGH RAGHUVANSHI Digitally signed by SHUBHAM SINGH RAGHUVANSHI Date: 2026.02.11 15:50:01 +0530 2 above, offence has been registered against the applicant and he was arrested on 07.08.2025. 4. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the crime in question. There was a love affair between the victim and the appellant. He further submits that the applicant is in jail since 07.08.2025, out of 21 prosecution witnesses only 2 have been examined till date and the trial is likely to take time to be finalized, therefore, it is prayed that the applicant may be enlarged on bail. 5. Per contra, learned Counsel appearing on behalf of the State opposes the bail application and submits that at the time of incident, the victim was minor, therefore, looking to the nature of offence, the applicant may not be released on bail. 6. I have heard learned Counsel appearing for the parties and perused the material available on record. 7. Considering the facts and circumstances of the case, evidence collected by the prosecution against the applicant, without commenting on merits of the case, I am not inclined to release the applicant on bail. 8. Accordingly, the bail application is rejected. 9. However, looking to the detention period of the applicant, the trial Court is directed to expedite the trial and to ensure that the trial is concluded as early as possible. Sd/- (Sanjay Kumar Jaiswal) Judge Shubham