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2026 DAILYLAW 2585 (CHH)

SHIVA SINGH THAKUR v. STATE OF CHHATTISGARH

MCRC/1513/2026 · 2026-03-02

Shri Sanjay Kumar Jaiswal

body2026

Judgment text

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1 2026:CGHC:11014 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1513 of 2026 1 - Shiva Singh Thakur S/o Shri Rajkumar Thakur Aged About 26 Years R/o Mata Choura Police Station- Sarkanda And District- Bilaspur (C.G.) ... Applicant versus 1 - State Of Chhattisgarh Through Station House Officer, Police Station - Sarkanda, District- Bilaspur (C.G.) ... Respondent For Applicant : Mr. Hemant Kumar Sahu, Advocate. For Respondent/State : Mr. Anish Tiwari, Dy. G.A. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order On Board 03/03/2026 1. The applicant has preferred this First bail application under Section 483 of Bhartiya Nagrik Suraksha Sanhita Act, 2023 for grant of regular bail as he is arrested in connection with Crime No.1213/2024, registered at Police Station – Sarkanda, District- Bilaspur (C.G.) for offence punishable under Sections 64(2)(m), 351(3), 296 of BNS and Section 5(L)/6 of POCSO Act. 2. As per the prosecution’s case, the father of the victim lodged a report alleging that from August, 2024 to 05.10.2024, the applicant committed repeated sexual intercourse with her minor daughter and also abused and threatened her for life. Based on this, offence has been registered against the present applicant. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the crime in question. He further submits that the victim was a consenting HEERA LAL SAHU Digitally signed by HEERA LAL SAHU Date: 2026.03.03 17:58:59 +0530 2 party and had love affair with the applicant. The victim and her father has been examined before the trial Court. The applicant is in jail since 01.12.2024, and the trial is likely to take considerable time. Therefore, the applicant may be enlarged on bail. 4. Per contra, learned Counsel appearing on behalf of the State opposes the bail application and submits that there is sufficient material available on record against the present applicant, the applicant committed grave offence with the minor victim on the point of knife, therefore, at this stage, looking to the gravity of the offence, the applicant may not be released on bail. 5. I have heard learned Counsel appearing for the parties and perused the material available on record. 6. On 25.02.2026, the victim along with her father, appeared through V.C. from the concerned DLSA and raised objection to the grant of bail to the applicant. 7. Considering the facts and circumstances of the case and looking to the material available on record against the applicant and also looking to the statement of the victim and gravity of the offence, at this stage, without commenting on the merits of the case, I am not inclined to release the applicant on bail. Accordingly, the bail application filed under Section 483 of BNSS, 2023, is rejected. 8. However, considering the fact that the applicant is in jail since 01.12.2024 and only 2 witnesses out of 21 witnesses have been examined till date, the concerned trial Court is directed to expedite the trial and to ensure that the trial is concluded as expeditiously as possible preferably within a period of 5 month from the receipt of the copy of this order. 9. Office is directed to sent a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Sanjay Kumar Jaiswal) Judge H.L. Sahu