1 CGHC010238662026 2026:CGHC:28699 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5763 of 2026 1 - Shriram Nishad S/o Rungu Nishad Aged About 21 Years R/o Village Malda, Thana And Tahsil- Nandghat, Distt- Bemetara (C.G.) ... Applicant versus 1 - State Of Chhattisgarh Through S.H.O. Police Station- Salhewara, Distt.- Khairagarh-Chhuikhadan-Gandai (C.G.) ... Respondent For Applicant : Mr. Samir Singh, Advocate For Respondent/State : Mr. Rohitashva Singh, Dy. Govt. Advocate Hon'ble Shri Justice Sanjay Kumar Jaiswal Order On Board 09/07/2026 1. The victim and her father appeared before this Court today through virtual mode from the concerned DLSA and raised objection 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 connection with Crime No.81/2025 registered at Police Station Salhewara, Distt.- Khairagarh-Chhuikhadan-Gandai (CG) for the BHOLA NATH KHATAI Digitally signed by BHOLA NATH KHATAI Date: 2026.07.10 11:05:18 +0530 2 offence punishable under Sections 137(2), 96, 64(2)(m) BNS and Sections 4 & 6 of POCSO Act. 3. The first bail application of the applicant was rejected on merits vide order dated 05.02.2026 in MCRC No.10485/2025. 4. According to the prosecution, the allegation against the applicant is that he induced the minor victim, took her away from the lawful guardianship of her parents and repeatedly committed sexual intercourse with her. On report being lodged in this regard, the applicant was arrested on 26.11.2025. 5. Learned counsel for applicant submits that the victim has now been examined before the trial Court and she has not supported the case of prosecution. He submits that there is no evidence regarding the victim’s age and she was major at the time of incident. He further submits that the victim was a consenting party who left with the applicant of her own free will, and that they were residing as husband and wife. He further submits that out of total 22 prosecution witnesses, only two have been examined so far, the applicant is in jail since 26.11.2025 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, opposing the bail application submits that the victim was minor at the time of incident, she has supported the case of prosecution and considering the nature of offence, the applicant does not deserve to be released on bail. 3 7. Heard learned counsel for the parties and perused the case diary. 8. Taking into consideration the entire facts and circumstances of the case, particularly the court statement of the victim and also considering the fact that out of total 18 prosecution witnesses only two have been examined, the applicant is in jail since 26.11.2025 and there is all possibility of the trial taking considerable time for 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