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2026 DAILYLAW 24837 (CHH)

KISHAN YADAV v. THE STATE OF CHHATTISGARH

MCRC/4583/2026 · 2026-07-05

Shri Radhakishan Agrawal

body2026

Judgment text

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1 CGHC010187782026 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4583 of 2026 Kishan Yadav S/o Shri Ramturam Yadav Aged About 18 Years R/o Village- Pavdwar, Thana- Sihawa, District : Dhamtari, Chhattisgarh ... Applicant versus The State Of Chhattisgarh Through- Station House Officer, Police Station- Sihawa, District : Dhamtari, Chhattisgarh ---- Respondent (Cause title is taken from the CIS) ___________________________________________________________ For Applicant : Mr. Sumit Shrivastava, Advocate For State-Respondent : Ms. Shubha Shrivastava, PL ___________________________________________________________ Hon'ble Shri Justice Radhakishan Agrawal Order on Board 06/07/2026 1. This is the first bail application filed under Section 483 of the BNSS, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No.34/2025, registered at Police Station Sihawa, District- Dhamtari (CG) for the offence punishable under Sections 332, 64(2)(m) of BNS and Sections VASANT KUMAR Digitally signed by VASANT KUMAR Date: 2026.07.06 16:28:27 +0530 2 5(L), 6 of POCSO Act. 2. As per prosecution case, on 10.05.2025, complainant (father of the victim) has lodged the report at the concerned police station against the unknown person with the averment that her minor daughter used to stay in the house of the her sister at village Garhdongari and on 27.11.2024, when she was sleeping, unknown person entered in her room and committed sexual intercourse with her. Due do fear, she did not disclose the incident and at present she is pregnant about 5-6 months. On the basis of said report, offence was registered against the unknown person. Investigation commenced and after completion of investigation, charge-sheet has been filed and the applicant was arrested on 29.09.2025. 3. Learned counsel for the applicant contended that the applicant is an innocent and has been falsely implicated in the said case. He further contended that the victim delivered a male child and DNA report of the victim and her child has not been matched with the applicant and the applicant is in jail since 29.09.2025, and the trial will take considerable time for its conclusion, therefore, the applicant may be released on bail. 4. Learned State Counsel opposes the submission made by learned counsel for the applicant and would submit that at the time of incident, age of the victim was about 16 years and in her 3 statement, the victim has stated that she identified the applicant who committed the sexual intercourse with her. She further submits that some important prosecution witnesses are remain to be examined, therefore, the applicant may not be released on bail. 5. Despite service of notice, no one appeared on behalf of the victim/complainant. 6. I have heard learned counsel for the parties. 7. Considering the facts and circumstances of the case, material available on record and looking to the nature and gravity of the offence, this Court is not inclined to grant bail to the applicant. 8. Accordingly, the bail application of the applicant stands rejected. 9. Office is directed to send a certified copy of this order to the trial Court concerned for information. Sd/- (Radhakishan Agrawal) Judge Vasant