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2026 DAILYLAW 16728 (CHH)

ROSHAN MINJ @ DEEP ROSHAN v. STATE OF CHHATTISGARH

MCRC/493/2026 · 2026-01-30

Shri Sanjay Kumar Jaiswal

body2026

Judgment text

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1 2026:CGHC:5467 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 493 of 2026 Roshan Minj @ Deep Roshan S/o Chhotelal, Aged About 19 Years 4 Months, R/o Govindpur, Police Out-Check Post - Doura, P/s Pasta, Distt. - Balrampur- Ramanujganj Chhattisgarh ... Applicant versus State Of Chhattisgarh Through Police Of Police Station Pasta, Distt. - Balrampur-Ramanujganj Chhattisgarh ... Respondent (Cause-title is taken from CIS) For Applicant : Mr. Rahul Mishra, Adv. For Respondent/State : Ms. Avleen Juneja, P.L. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order On Board 31/01/2026 1. The victim along with her aunt appeared virtually through concerned DLSA and recorded ‘no objection’ in granting bail to the applicant. 2. The applicant has preferred this 1st 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. 18/2025, registered at Police Station – Pasta, District- Balrampur Ramanujganj (C.G.) for offence punishable under Sections 64(2) M, 65(1) of BNS and Sections 4(2), 5(j)(ii), 5 (1)/6 of the POCSO Act, 2012. 3. The prosecution's case, in short, is that on 15.03.2025, the accused/applicant committed forceful sexual intercourse with the victim SHUBHAM SINGH RAGHUVANSHI Digitally signed by SHUBHAM SINGH RAGHUVANSHI Date: 2026.02.02 11:36:50 +0530 2 who is minor. Thereafter, on multiple occasions, the applicant committed the same act with the victim due to which she becaame pregnant. Based on above, offence has been registered against the applicant and he was arrested on 27.05.2025. 4. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the crime in question. The victim has examined before the Trial Court and she turned hostile. There was a love affair between the applicant and the victim and she was a consenting party. He further submits that the victim herself joined the company of the applicant on her own free will. The applicant is in jail since 27.05.2025, out of 27 prosecution witnesses only 1 has been examined till date and the trial is likely to take time to be finalized, therefore, it is prayed that the applicant may be enlarged on bail. 5. Per contra, learned Counsel appearing on behalf of the State opposes the bail application and submits that at the time of incident, the victim was minor, in her statement recorded under Section 183 of Cr.P.C., she supported the case of prosecution, 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 material available on record. 7. Considering the facts and circumstances of the case, evidence collected by the prosecution, detention period of the applicant and the fact that the trial is likely to take time to be finalized, without commenting on merits of the case, I am inclined to release the applicant on bail. 8. Accordingly, the bail application is Allowed. 9. It is directed that the applicant shall be released on bail on executing a personal bond for a sum of Rs. 20,000/- with one solvent surety for the like sum to the satisfaction of the Trial Court for his appearance before the said Court as and when directed. Sd/- (Sanjay Kumar Jaiswal) Judge Shubham