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2026 DAILYLAW 23475 (CHH)

KARAN ALIAS KOLIHA MANDALE v. STATE OF CHHATTISGARH

MCRC/3730/2026 · 2026-06-28

Shri Radhakishan Agrawal

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Judgment text

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1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3730 of 2026 Karan Alias Koliha Mandale S/o Late Kunwar Singh Aged About 22 Years R/o Village - Dodki, P.S. Bilha District- Bilaspur (C.G.) ... Applicant versus State Of Chhattisgarh Through P.S. - Koni, District- Bilaspur (C.G.) ... Non-applicant For Applicant : Ms. Kavita Bansal, Adv. For Non-applicant/State : Shri Tarakeshwar Nande, P.L. (HON’BLE SHRI JUSTICE RADHAKISHAN AGRAWAL) Order on Board 29/06/2026 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, the B.N.S.S.) for grant of regular bail to the applicant who has been arrested in connection with Crime No. 586/2025 registered at Police Station – Koni, District Bilaspur (C.G.), for the offence punishable under Sections 137(2), 87, 65(1), 64(2)(M) 115(2) of Bhartiya Nyay Samhita (for short, the BNS) and 4, 6 of the Protection of Children from Sexual Offences Act, 2012 (for short, the POCSO). 2. As per the prosecution’s case, the applicant is alleged to have kidnapped the prosecutrix from the lawful custody of her guardian without her consent with intent to compel her to have illicit sexual Digitally signed by ALLENA ANJANI KUMAR Date: 2026.06.29 17:21:51 +0530 2 intercourse and for committing rape and for voluntarily causing hurt to the prosecutrix. On 11.12.2025, mother of the prosecutrix lodged an FIR. Based on this, offence under the aforesaid sections has been registered against the present applicant. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated. She further submits that he has not committed any offence. She further submits that the prsecutrix has been examined as P.W.1 and there are several variations in her statement which do not connect the applicant in crime in question and that, the medical evidence does not support the prosecution case. She further submits that the prosecutrix herself withdrawn from the house and has gone with the present applicant in different places. She also submits that the applicant is in jail since 03.01.2026 and that, trial is going on and it may take some time to conclude. On these premises, she prays for the grant of regular bail to the applicant. 4. On the other hand, learned counsel for the State opposes the bail application, while submitting that the victim/prosecutrix is aged about 16 years and 1 month and the accused/applicant has kidnapped her from lawful custody of her guardian and committed the offence. He further submits that mother of the victim has been examined as P.W.2, who has also supported the occurrence of incident committed by the applicant/accused. He further submits that the applicant committed a serious offence, therefore, the applicant does not deserve regular bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the entire facts and circumstances of the case and considering the material available on record and taking into 3 account that the trial is going on, I am not inclined to release the applicant on bail. 7. Accordingly, the application filed under Section 483 of B.N.S.S. is rejected. 8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Radhakishan Agrawal) JUDGE Anjani