1 2026:CGHC:8884 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1314 of 2026 Hemsagar Ogre S/o Mangloo Ram Ogre Aged About 21 Years R/o Savitripur, Police Station- Sankra, District- Mahasamund (C.G.) ... Applicant versus State of Chhattisgarh through the Station House Officer, Police Station- Panduka, District- Gariyaband (C.G.) ... Respondent For the applicant : Mr. Shivendu Pandya, Advocate For the State : Mr. Akash Agrawal, Panel Lawyer (Hon’ble Shri Justice Sanjay Kumar Jaiswal) Order on Board 19.02.2026 1. This is first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant in Crime No. 114/2025 registered at Police Station Panduka, District Gariyaband (CG) for the offences under Sections 64 & 137(2) of BNS 2023, section 4 of the POCSO Act , 2012. ALLENA ANNAJEE RAO Digitally signed by ALLENA ANNAJEE RAO Date: 2026.02.20 15:00:59 +0530 2 2. As per the prosecution case, on 31.10.2025 the father of prosecutrix has lodged the report that on 30.10.2025 some unknown person allured and enticed away his minor daughter aged about 17 years 11 months and 16 days from their lawful custody. On the basis of the said report, FIR was filed. 3. Learned counsel for the applicant submits that the prosecutrix is a major lady and she had voluntarily accompanied the applicant, and both they have resided together at different places as husband and wife, therefore, she was consenting party. He further submits that though the prosecutrix is stated to be minor, yet the evidence of her correct has not been proved. He next submits that looking to her age as mentioned in FIR and in court statement of prosecutrix, no offence is made out against the applicant. He eventually submits that the applicant is in jail since 02.11.2025 and till date out of total 28 witnesses, only the prosecutrix has been examined and there is remote possibility of early disposal of case, therefore, the applicant may be may be enlarged on bail. 4. Per contra, learned State Counsel opposes the bail application and submits that the victim was minor at the time of incident and the applicant had allured and taken her away from the lawful custody of her parents and committed forcible sexual intercourse. 5. The victim along with her mother has appeared through VC from the concerned DLSA and the mother has raised objection to grant bail. 6. Having considered the submissions made by learned counsel for the parties and the overall facts situation of the case and further 3 looking to the age of victim and the contents of her court statement, without observing anything on merits of the case, I am inclined to allow this bail application. 7. Accordingly, this bail application is allowed and the applicant is directed to be released on bail on his furnishing a personal bond in sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the trial Court for his appearance before the said Court as and when directed in that behalf. Cc as per rules. Sd/- (Sanjay Kumar Jaiswal) Judge Rao