Extracted from the PDF above. The PDF is authoritative.
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2026:CGHC:5230
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 417 of 2026 Ganesh Patel S/o Rajesh Patel Aged About 19 Years R/o Village Tendua Nayapara, Police Chouki Devarbija, P.S. And District Bemetara Chhattisgarh
... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Bemetara, District Bemetara Chhattisgarh
... Respondent For Applicant : Mr. R. K. Pali, Advocate For Respondent : Ms. Binu Sharma, P.L. Hon'ble Shri Justice Sanjay Kumar Jaiswal
Order On Board 30.01.2026
1. The victim along with her father appeared before this Court today through virtual mode from the concerned DLSA and raised objection in granting bail to the applicant.
2. This is the first bail application filed u/s 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No.560/2025 registered at Police Station Bemetara, District Bemetara (CG) for offence punishable under Sections 64(1), 64(2)(m), 65(1) of BNS and Sections 4 & 6 of the Protection of Children from Sexual Offences Act. BHOLA NATH KHATAI Digitally signed by BHOLA NATH KHATAI Date: 2026.01.31 11:04:52 +0530
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3. As per the prosecution case, the allegation against the applicant is that knowing fully well that the victim was a minor, he forcibly committed sexual intercourse with her for more than once. On report being lodged in this regard, the applicant was arrested on
14.12.2025.
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Learned counsel appearing for applicant submits that the applicant is innocent and he has been falsely implicated in this case due to quarrel between the parties. He submits that the FIR was lodged after an inordinate delay. He further submits that the applicant is in jail since 14.12.2025 and there is no likelihood of the trial to be concluded at the earliest as it has not yet commenced. Therefore, considering all these facts the applicant may be released on bail.
5. Learned State counsel, on the other hand, opposing the bail application submits that the victim was minor at the time of incident and in 183 BNSS statement the victim has supported the case of prosecution. Hence, considering the nature of offence, the applicant does not deserve to be released on bail.
6. Heard learned counsel for the parties and perused the case diary.
7. Taking into consideration the entire facts and circumstances of the case, particularly the nature and gravity of offence and the material collected and available on record against the applicant and the fact that the trial has not commenced, this Court is not inclined to release the applicant on bail.
8. Accordingly, the present bail application stands rejected.
9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information. Sd/- (Sanjay Kumar Jaiswal) JUDGE Khatai