1 2026:CGHC:5013 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 652 of 2026 Kanhai Gain S/o Gurupat Gain Aged About 51 Years R/o Sakalo Bangalipara Ambikapur, P.S. - Gandhi Nagar District - Surguja (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through P.S. - Tikrapara, District - Raipur (C.G.) --- Non-Applicant For Applicant : Mr. Rakesh Kumar Jha, Advocate. For-Non-applicant : Mr. Jitendra Shrivastava, G.A. Hon’ble Shri Arvind Kumar Verma, Judge Order on Board 29/01/2026 1. This is the first bail application filed under Section 483 of the B.N.S.S. for grant of regular bail to the applicant who has been arrested in connection with Crime No. 516/2025 registered at Police Station Tikrapara, District Raipur (C.G.), for the offence punishable under Sections 363, 366, 376(2)(n), 323, 506, 307, 201 of IPC and Section 6, 17 and 19 of the POCSO Act. 2. The allegation against the present applicant is that as per the prosecution case is that, on 22.04.2024 at 05:30 in the morning, 2 Kishore Gain and his friend Raja and Vicky came near my house in white coloured car and lured my minor Daughter and took her to his village- Sakalo, Police Station Gandhi Nagar, Ambikapur, District- Surguja, by applying sindoor Kishore Gain married the prosecutrix, Kishore Gain physically exploited my daughter (Prosecutrix) and threatened to kill my daughter. On dated 05-05-2024, the allegation was made that applicant helped Kishore Gain's to injured the prosecutrix by hitting her with pellets of a bird-killing gun. The applicant was arrested and taken into investigation. Subsequently, an F.I.R. in this regard was lodged and the present applicant has been arrested on 12.07.2025. 3. In pursuance of notice issued to victim, today, victim along with her mother appeared before this Court through DLSA Raipur and raised objection in releasing the applicant on bail. 4. It has been argued by the learned counsel for the applicant that the applicant is innocent and who has been falsely implicated in the case and the allegation against the applicant is totally false and baseless. The marriage was solemnized with proper rituals and ceremonies, denying the allegation of forceful marriage by mere applying sindoor. The applicant has proper photographic image of marriage to showcase the proper solemnization of the marriage, hence he prays that the applicant be enlarged on bail. 5. Learned Panel Lawyer, appearing for the State however opposing 3 the bail application. 6. I have heard learned counsel for the parties and perused the case diary. 7. Having heard learned counsel for the applicant as well as learned counsel for the State, and upon perusal of the case diary and material available on record, this Court is of the considered view that no specific overt act has been attributed to the present applicant Kanhai Gain, and the allegations against him are general in nature, primarily arising out of his relationship as the father of the main accused. Considering the fact that the applicant is not alleged to have committed the principal offence this Court finds it to be a fit case to extend the benefit of bail to the applicant. 8. Let applicant-Kanhai Gain be released on bail on his furnishing a personal bond with one surety in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of his absence, without sufÏcient cause, the trial court may proceed against them under Section 269 of Bhartiya Nyaya Sahita, 2023 (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 84 of BNSS 2023. is 4 issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 209 of Bhartiya Nyaya Sahita, 2023 (iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of BNSS 2023 If in the opinion of the trial court absence of the applicant is deliberate or without sufÏcient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against them in accordance with law. 9. OfÏce is directed to send a certified copy of this order to the trial Court concerned for necessary information. Sd/- (Arvind Kumar Verma) JUDGE Jyoti