1 CGHC010210862026 2026:CGHC:29660 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5213 of 2026 Aakash Nishad @ Raja Nishad S/o Rohit Nishad Aged About 21 Years R/o Ward No. -20, Tilda P.S. Tilda Newra District Raipur C.G. ... Applicant versus State Of Chhattisgarh Through- Police Station Tilda District Raipur C.G. ... Non-Applicant For Applicant : Shri Leekesh Kumar, Advocate. For Non-Applicant/State : Ms. Laxmeen Kashyap, Panel Lawyer. (HON’BLE SHRI JUSTICE RADHAKISHAN AGRAWAL) Order on Board 14/07/2026 1. This is the third bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as B.N.S.S.) for grant of regular bail to the applicant who has been arrested in connection with Crime No. 509/2025 registered at Police Station – Tilda, Dist. Raipur (C.G.), for the offence punishable under Sections 296, 115(2), 351(2), 64(2)(m) of B.N.S. 2023 and Section 6 of the Protection of Children from Sexual Offences Act, 2012 (for short, the POCSO). 2. As per the case of the prosecution, on 14.11.2025 at about 7:00 am, the present applicant came to the house of the victim, abused the Digitally signed by ALLENA ANJANI KUMAR Date: 2026.07.14 17:24:38 +0530 2 family members of the victim and caused injury to the victim on her right arm while threatening her. Further prosecution story is that on account of previous acquaintance with the victim, the applicant had taken her to his house in July, 2024 on the false assurance of love and marriage and thereafter established physical relations with her on several occasions. The complainant/victim lodged a report on 16.11.2025 at Tilda Neora Police Station. Based on this, the offence under the aforesaid sections has been registered against the applicant. 3. Learned counsel for the applicant submits that the present is third bail application, the First bail application, i.e., M.Cr.C. No.4364/2026 has been dismissed on 11.05.2026 for want of prosecution and similarly second bail application, i.e., M.Cr.C.No.3164/2026 has also been dismissed by this Court on 24.04.2026 for want of prosecution. He further submits that the applicant has not committed any offence and there are several material contradictions and omissions in the statements of the prosecution witnesses and that, there was much delay in lodging the F.I.R. He next submits that the applicant is in jail since 24.11.2025 and that, the trial is going on and it may take some considerable time to conclude, therefore, he may be released on bail. 4. On the other hand, learned counsel for the State opposes the submissions of the learned counsel for the applicant and submits that the applicant/accused has committed forcible sexual intercourse with the victim, who was aged about 16 years at the time of incident and also there is one previous criminal antecedent against the applicant, which was registered at Police Station Tilda for the offence punishable under Sections 363, 366 of IPC, therefore, the applicant is not entitled for grant of regular bail. 3 5. With the aid of T.L.S.A. Tilda, the victim and her mother are present and the victim has raised no objection with regard to grant of bail to the applicant. 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. Taking into consideration the entire facts and circumstances of the case and further considering the material available on record and taking into account that the trial is going on, I am not inclined to release the applicant on bail. 8. Accordingly, the application filed under Section 483 of B.N.S.S. is rejected at the admission stage. 9. Office is directed to send a certified copy of this order to the trial Court concerned for information. Sd/- (Radhakishan Agrawal) JUDGE Anjani