1 2026:CGHC:6536 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 10485 of 2025 Shriram Nishad S/o Rungu Nishad Aged About 21 Years R/o Village- Malda, Thana and Tahsil- Nandghat Distt- Bemetara (C.G.) ... Applicant versus The State of Chhattisgarh through S.H.O. Police Station Salhewara Distt- Khairagarh-Chhuikhadan-Gandai (C.G.) ... Respondent For the applicant : Mr. Arvind Prasad, Advocate For the State : Ms. Vithika Choubey, Panel Lawyer (Hon’ble Shri Justice Sanjay Kumar Jaiswal) Order on Board 05.02.2026 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. 81/2025 registered at Police Station Salhewara, District Khairagarh-Chhuikhadan-Gandai (C.G) for the offences under Sections 137(2), 96, 64(2)(m) of BNS and Sections 4 & 6 of the Protection of Children from Sexual Offences Act, 2012. 2. The prosecution story, in brief, is that the father of prosecutrix has filed missing report on 06.11.2025 stating that his minor daughter was found missing and perhaps an unperson has enticed 2 her away. On such report, the crime was registered and during investigation, the victim girl was recovered on 26.11.2025 from the possession of the applicant. Subsequently the statement of the victim was recorded wherein she has stated that the applicant has allured and taken away and committed forcible sexual intercourse with her. 3. Learned counsel for the applicant submits that the prosecutrix is major and she had voluntarily accompanied the applicant, therefore, she was consenting party. He further submits that although the prosecutrix is stated to be minor yet the evidence of her correct age has not been collected by the prosecution and the applicant has been falsely roped in crime. He submits that the applicant is in jail since 28.01.2025; the trial has not yet commenced and there is remote possibility of early disposal of case, therefore, the applicant may be enlarged on bail. 4. Per contra, learned State Counsel opposes the bail application and submits that the applicant is minor aged about 16-17 years and the applicant had allured and taken her away and committed rape on her on the pretext of marriage. 5. The victim along with her father has appeared through VC from the concerned DLSA and raised objection to grant bail. 6. Having considered the submissions made by learned counsel for the parties and looking to the overall facts situation of the case especially the fact that the trial has not yet commenced, I am not inclined to release him on regular bail at this stage. Accordingly, the bail application is rejected. Sd/- (Sanjay Kumar Jaiswal) Judge Rao