1 2026:CGHC:27298 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4716 of 2026 1 - Bhupendra Nishad S/o Shri Debal Nishad Aged About 20 Years R/o - Village Pidhi Thana- Tumgaon District Mahasamund At Present Residing At Jilet Bar Bhathagaon Raipur District Raipur Chhattisgarh ... Applicant versus 1 - State Of Chhattisgarh Through- Station House Officer Police Station Gudhiyari District Raipur C.G. ... Respondent For Applicant : Mr. Utkarsh Patel, Advocate For Respondent/State : Ms. Deepa Singh, P.L. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order On Board 02/07/2026 1. This is the first bail application filed u/s 483 of BNSS, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No.27/2025 registered at Police Station Gudhiyari, District Raipur (CG) for the offence punishable under Sections 65(1), 351(2), 49 BNS and Section 4(2) of the POCSO Act. BHOLA NATH KHATAI Digitally signed by BHOLA NATH KHATAI Date: 2026.07.03 13:56:16 +0530 2 2. As per the prosecution case, on 16.01.2025, the victim had gone to the house of co-accused, Girja Nishad, to return her child's clothing. It is alleged that co-accused Girja Nishad locked her in a room where her husband's nephew i.e. present applicant Bhupendra Nishad, was already present, who then forcibly committed sexual intercourse with her. When applicant Bhupendra Nishad asked, co-accused Girja Nishad opened the door, and both accused persons threatened her that they would kill her if she informed anyone about the incident. On the report being lodged in this regard, the applicant was arrested on 30.01.2025. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case on account of certain monetary transactions. It is further submitted that the co-accused, Girja Nishad, has already been enlarged on bail by this Court vide order dated 13.04.2026 passed in MCRC No. 2132/2026. There was a delay of 13 days in lodging the First Information Report (FIR). Out of the total 17 prosecution witnesses, only 7 have been examined so far. The victim is presently untraceable and, as per the report submitted before the trial Court, she is suspected to have been abducted by some unknown person. The applicant has remained in judicial custody since 30.01.2025, and there is no likelihood of the trial being concluded in the near future. On these grounds, it is prayed that the applicant be enlarged on bail. 3 4. Per contra, learned State counsel has opposed the bail application and submits that the victim was a minor at the time of incident and considering the gravity and nature of the offence, the applicant does not deserve to be released on bail. 5. The parents of the victim appeared before this Court today through virtual mode from the concerned District Legal Services Authority (DLSA) and raised objection in granting bail to the applciant. They further submitted that their daughter, the victim, has gone missing and that they have already lodged a report in this regard with the concerned police authorities. 6. Heard learned counsel for the parties and perused the case diary as well as the material available on record. 7. Today, the applicant party placed on record a copy of the order- sheet of the trial Court dated 22.04.2026 along with a covering memo. Additional, a copy of the report dated 24.04.2026 submitted by the Station House Officer, Police Station Gudhiyari, to the trial Court has also been attached. According to the said report, it is suspected that the victim has been abducted by some other person. 8. Taking into consideration the entire facts and circumstances of the case, particularly the fact that the victim is still untraceable, the applicant has remained in judicial custody since 30.01.2025, only 7 out of the total 17 prosecution witnesses have been examined, and there is all possibility of the trial taking considerable time for 4 its conclusion, this Court is of the opinion that a case for grant of bail to the applicant has been made out. 9. Accordingly, the application for grant of bail is allowed. It is directed that the present 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 concerned 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 completion of the trial. 10. Let a certified copy of this order be sent to the trial Court concerned for necessary information. Sd/- (Sanjay Kumar Jaiswal) JUDGE Khatai