Research › Search › Judgment

High Court of Chhattisgarh · body

2026 DAILYLAW 1363 (CHH)

PRADEEP BAGH v. STATE OF CHHATTISGARH

MCRC/923/2026 · 2026-02-11

Shri Sanjay Kumar Jaiswal

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2026:CGHC:7882 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 923 of 2026 Pradeep Bagh S/o Trinath Bagh Aged About 23 Years R/o Mailap, Titlagarh, P.S. Titlagarh, District Balangir (Odisha), Present Address Pandri, Near Jhanda Chowk, P.S. Civil Line, District Raipur (C.G.) ... Applicant versus State of Chhattisgarh through Officer In-Charge Police Station Saraswati Nagar, District Raipur (C.G.) ... Respondent For the applicant : Mr.Prahlad Pandey, Advocate For the State : Mr. Anish Tiwari, Panel Lawyer (Hon’ble Shri Justice Sanjay Kumar Jaiswal) Order on Board 12.02.2026 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. 234/2024 registered at Police Station Saraswati Nagar, District Raipur (CG) for the offences u/s 137(2) ALLENA ANNAJEE RAO Digitally signed by ALLENA ANNAJEE RAO Date: 2026.02.13 16:31:38 +0530 2 65(1), 87, 64(2)(m) of BNS,87 2023 and Sections 4, 6, 5(l), 5(j) of the Protection of Children from Sexual Offences, Act, 2012. 2. As per the prosecution case, on 08.10.2024, the brother of the victim lodged the missing report of the girl. The girl was recovered much after on 21.10.2025 from. It is alleged that the applicant allured and enticed away the girl and committed forcible sexual intercourse with her thereby she became pregnant. The applicant was arrested on 01.11.2025. 3. Learned counsel for the applicant submits that the victim girl, her mother have been examined before the trial Court wherein they have not categorically supported the case of prosecution. He submits that the statement of victim itself shows that there was lover affair between the victim and applicant and she has voluntarily accompanied him and her marriage was performed with the applicant in a temple, consequently she became 6 months pregnant, therefore, she was consenting party. He further submits that the mother and victim have further denied birth date of the girl to be 01.06.2009 and the evidence of her correct age has not been collected by the prosecution. He submits that the applicant is in jail since 01.11.2025 and till date out of a total 21 witnesses, only 4 have been examined and and there is no immediate possibility of disposal of case, therefore, the applicant 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; the applicant had forcibly taken her away from the lawful custody of her 3 parents; committed sexual intercourse with her on the pretext of marriage thereby she became pregnant. 5. The victim along with her mother has appeared through VC from the concerned DLSA and they have expressed no-objection to grant bail to the applicant. 6. Having considered the submissions made by learned counsel for the parties, over all facts situation of the case and further looking to the court statements of the victim and her mother, without observing anything on the merits of the case, I am inclined to release the applicant on regular bail. 7. Accordingly, this bail application is allowed and the applicant is directed to be released on bail on his furnishing a personal bond in sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the trial Court for his appearance before the said Court as and when directed in that behalf. Cc as per rules. Sd/- (Sanjay Kumar Jaiswal) Judge Rao 4