1 CGHC010120442026 2026:CGHC:27752 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3035 of 2026 1 - Prakash Shriwash S/o Late Jawahar Shriwash Aged About 27 Years R/o Indira Nagar, District- Raigarh (C.G.) 2 - Basant Shriwash S/o Bihari Shriwash Aged About 42 Years R/o Laxmipur Raigarh, Tah. And District- Raigarh (C.G.) ... Applicants versus State Of Chhattisgarh Through Thana In-Charge, P.S. Mahila Thana, District- Raigarh (C.G.) .Non-Applicant For Applicants : Shri Rajendra Tripathi, Advocate. For Non-applicant/State : Ms. Laxmeen Kashyap, P.L. (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 Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, the B.N.S.S.) for grant of regular bail to the applicants who have been arrested in connection with Crime No.11/2026 registered at Police Station – Mahila Thana, District Raigarh (C.G.), for the offence punishable under Sections 65 (1), 75 (2), 351 (3), 115 (2) of Bhartiya Nyay Samhita, 2023 (for short, the BNS), Sections 6, 8 of the Protection of Children from Sexual Offences Act, 2012 (for short, the POCSO) and Sections 9, 10 of the Prohibition of Child Marriage Act, 2006 (for short, the Act of 2006). Digitally signed by ALLENA ANJANI KUMAR Date: 2026.07.06 18:00:58 +0530 2 2. As per the prosecution’s case, the prosecutrix studied upto 6th Class and her date of birth is 01.01.2007 and her marriage was solemnised with applicant No.1, despite knowing that she is minor and after marriage she was subjected to harassment by applicant No.1 and on 08.07.2021 and 09.07.2021, the applicant No.1 forcibly established physical relation with her, on account of which, she became mother of two children. With respect to applicant No.2, he used to frequently visit the house of the victim/prosecutrix and held her hand with bad intention and also touched her cheek. In addition to above, applicant No.1 used to beat her in front of his friends while abusing her with filthy language. Ultimately, the victim/prosecutrix, lodged a complaint before the Police Station Mahila Thana. Based on this, offence under the aforesaid sections has been registered against the present applicants. 3. Learned counsel for the applicants submits that the applicant No.1 is the husband of the victim/prosecutrix whereas applicant No.2 is brother-in-law of the victim and both the applicants are innocent and have not committed any offence and they were falsely implicated in this case. He also submits that the applicants are in jail since 24.02.2026 and that, trial is going on and it may take some considerable time to conclude. On these premises, he prays for the grant of regular bail to the applicants. 4. On the other hand, learned counsel for the State opposes the bail application, while submitting that the victim was aged about 14 years at the time of incident and the applicants were continuously harassing the victim and that, as per the statement of the victim, the husband (applicant No.1) forcibly established the physical relation with her and 3 in this case, some prosecution witnesses are yet to be examined, therefore, looking to the nature and gravity of the offence, the applicants do not deserve regular bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Considering the facts and circumstances of the case and also considering the fact that some witnesses are yet to be examined by the prosecution and taking into account the fact that the trial is going on, I am not inclined to release the applicants 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 information. Sd/- (Radhakishan Agrawal) JUDGE Anjani