1 2026:CGHC:21173 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3733 of 2026 Premlal Nishad S/o Late Gendlal Nishad Aged About 20 Years Resident Of Village- Khatti, Police Station Abhanpur, District- Raipur (C.G.) ... Applicant versus State Of Chhattisgarh Through - The Station House Officer, Police Station Abhanpur District- Raipur (C.G.) ... Respondent(s) For Applicant : Mr. Shikhar Sharma, Advocate For Respondent/State : Mr. Narayan Prasad, P.L. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order On Board 06/05/2026 1. On 04.05.2026, the victim along with her maternal uncle appeared before this Court through virtual mode from the concerned DLSA and raised objection in granting bail to the applicant. 2. This is the second bail application filed u/s 483 of BNSS, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No.369/2025 registered at Police Station Abhanpur District- Raipur (CG) for the offence punishable under BHOLA NATH KHATAI Digitally signed by BHOLA NATH KHATAI Date: 2026.05.07 10:47:59 +0530 2 Sections 137(2), 64(2)(M), 65(1) of BNS, Section 6 of POCSO Act and Section 3(2)(v) of SC/ST (Prevention of Atrocities) Act. 3. The first bail application of applicant was dismissed as withdrawn with liberty to file after some time, vide order dated 17.02.2026 in MCRC No.913/2026. 4. As per the prosecution case, on 04.10.2025 at about 10.30 p.m., the applicant kidnapped the minor victim from the lawful guardianship of her parents, took her in a four-wheeler to a deserted road from Tolaghat to Parsada and forcibly committed sexual intercourse twice. On report being lodged in this regard, the applicant was arrested on 09.10.2025. 5. Learned counsel for applicant submits that the applicant is innocent and has been falsely implicated in this case. He submits that there was a delay of 5-6 days in lodging the FIR. The victim was a consenting party and she went with the applicant of her own free will. He further submits that out of total 24 witnesses only 4 witnesses including the victim have been examined so far, the applicant is in jail since 09.10.2025 and there is no likelihood of the trial to be concluded at the earliest. Hence, considering all these facts, the applicant may be released on bail. 6. Learned State counsel, on the other hand, opposing the bail application submits that the victim was minor at the time of incident, she has supported the case of prosecution, which is also corroborated by the medical evidence. Hence, considering the 3 nature of offence, the applicant does not deserve to be released on bail. 7. Heard learned counsel for the parties and perused the case diary. 8. Taking into consideration the entire facts and circumstances of the case, particularly the court statement of the victim and her age, which according to the prosecution was below 15 years at the time of incident and also considering the nature and gravity of offence and the material collected and available on record against the applicant, this Court is not inclined to release the applicant on bail. 9. Accordingly, the present bail application stands rejected. 10. The Registry is directed to send a certified copy of this order to the trial Court concerned for necessary information. Sd/- (Sanjay Kumar Jaiswal) JUDGE Khatai