1 2026:CGHC:5459 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 628 of 2026 Prakhar Jain S/o Shri Sharad Jain Aged About 26 Years R/o Bazar Para, Ward No. 4, Khariyar Road, P.S. Jonk, District Nuapada (Orissa) ... Applicant Versus State of Chhattisgarh Through P.S. Fingeshwar, District Gariyaband (C.G.) ... Respondent For Petitioner(s) : Mr. Prafull N. Bharat, Senior Advocate with Mr. Mayank Chandrakar, Advocate For Respondent(s) : Mr. Karan Baharani, P.L. HON’BLE SHRI JUSTICE SANJAY KUMAR JAISWAL Order on Board 31/01/2026 1. The applicant has preferred this First 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. 0328/2025, registered at Police Station – Fingeshwar, District- Gariyaband (C.G.) for offence punishable under Section 376 (2)(n) of IPC, Section 6 of the POCSO Act, 2012 and Section 67(A) of Information and Technology Act and 2 Section 294 of IPC was added subsequently while filing of the charge- sheet. 2. The prosecution's case, in short, is that the applicant and the complainant both belong to the same community and they met in Mahasamund and thereafter, they started to meet each other regularly. It is alleged that on 14.10.2018 both went to Rajim where in the village of Ghatarani, the applicant made sexual intercourse with her and also taken some obscene photographs. It is further alleged that on the basis of said photographs, the applicant took advantage and made repeated sexual intercourse with the complainant. As per the allegation in the FIR, whenever the complainant tried to keep distance, the applicant abused her and also threatened her to show the photographs to the relatives of the complainant and also threatened her of dire consequences. Based on above, offence has been registered against the applicant. 3. 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 applicant and the complainant and due to dispute taken place between them, a false report has been lodged by the victim against the applicant and there is a delay of 7 years in lodging the FIR. He further submits that at the time of lodging of the FIR the complainant was major and she is well educated lady having a degree of law. He further submits that the charge sheet has been filed, the applicant is in jail since 05.11.2025, the trial is likely to take considerable time to conclude. Therefore, he prays for grant of regular bail to the applicant. 4. None appeared on behalf of the victim, though notice has been served. 3 5. On the other hand, learned counsel for 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 case diary. 7. Considering the facts and circumstances of the case, particularly considering the fact that first incident occurred on 14.10.2018 and at that time the age of the victim was more than 17 years as the date of birth of the victim is 31.12.2000 and after a delay of 7 years the FIR was lodged on 04.11.2025, the applicant is in custody since 05.11.2025, and the trial is likely to take considerable time, therefore, at this stage, without commenting on merits of the case, I am inclined to release the applicant on bail. 8. Accordingly, the application is allowed and it is directed that the applicant shall be released on bail on his furnishing a personal bond in the sum of Rs. 25,000/- with one surety in the like sum to the satisfaction of the trial Court. The applicant is directed to appear before the trial Court on each and every date to be given to him by the said Court till disposal of the trial. It is made clear that any observation made by this Court in this order shall not affect the trial of the case. 9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Sanjay Kumar Jaiswal) JUDGE Saurabh