1 CGHC010236482026 2026:CGHC:28326 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5785 of 2026 1 - Bhimendra @ Naresh Sahu S/o Sudharam Sahu Aged About 30 Years Resident Of Ward No. 26, Adharsh Nagar, Near Manka Public School Champa, Police Station Champa, District : Janjgir-Champa, Chhattisgarh ... Applicant versus 1 - State Of Chhattisgarh Through- The Station House Officer, Police Of Police Station Champa, District : Janjgir-Champa, Chhattisgarh ... Respondent For Applicant : Mr. Vivek Singhal, Advocate For Respondent/State : Ms. Deepa Singh, P.L. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order On Board 08/07/2026 1. The mother of the child/victim appeared before this Court today through virtual mode from the concerned DLSA and objected to the grant of bail to the applicant. 2. This is the second bail application filed u/s 483 of BNSS, 2023 for grant of regular bail to the applicant who has been arrested in BHOLA NATH KHATAI Digitally signed by BHOLA NATH KHATAI Date: 2026.07.09 14:56:54 +0530 2 connection with Crime No.363/2025 registered at Police Station Champa, District : Janjgir-Champa, (CG) for the offence punishable under Sections Sections 4 & 6 of POCSO Act. 3. The first bail application of the applicant was dismissed as withdrawn with liberty to file the same after some time vide order dated 20.01.2026 in MCRC No.347/2026. 4. As per the prosecution case, the applicant is alleged to have committed unnatural sex with the minor child who is his nephew. On report being lodged in this regard, the applicant was arrested on 24.08.2025. 5. Learned counsel for applicant submits that the applicant is innocent and has been falsely implicated in this case on account of family dispute. He further submits that the FSL report is negative, out of a total of 15 prosecution witnesses, only the mother of the child has been examined so far, the applicant has been in judicial custody since 24.08.2025 and there is no likelihood of the trial to be concluded at the earliest. Hence, considering all these facts, the applicant may be released on bail. 6. Learned State counsel, on the other hand, while opposing the bail application, submits that the victim is a dumb and mentally challenged child and was a minor at the time of the incident. She further submits that the mother of the child has been examined before the trial Court and has supported the case of prosecution. 3 Therefore, considering the nature of offence, the applicant does not deserve to be released on bail. 7. Heard learned counsel for the parties and perused the case diary. 8. Taking into consideration the overall facts and circumstances of the case, particularly the nature and gravity of offence and the material collected and available on record against the applicant, this Court is not inclined to release the applicant on bail. 9. Consequently, the present bail application stands rejected. 10. However, considering the fact that the applicant has remained in judicial custody since 24.08.2025, the trial Court is directed to make every endeavour to conclude the trial as expeditiously as possible, preferably within a period of five months from the date of receipt of a certified copy of this order, without being influenced by any observations made herein on the merits of the case. 11. Let a certified copy of this order be sent to the trial Court concerned for necessary information. Sd/- (Sanjay Kumar Jaiswal) JUDGE Khatai