1 CGHC010202572026 2026:CGHC:29473 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4786 of 2026 Sunil Kashyap S/o Shriram Kashyap Aged About 21 Years R/o Village- Gaud P.S. Janjgir Dist- Janjgir-Champa (C.G.) ... Applicant versus State Of Chhattisgarh Through S.H.O. P.S. Janjgir Dist- Janjgir-Champa (C.G.) ... Non-applicant For Applicant : Shri Ravindra Shrama, Advocate. For Non-applicant/State : Smt. Shubha Shrivastava, P.L. (HON’BLE SHRI JUSTICE RADHAKISHAN AGRAWAL) Order on Board 13/07/2026 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, the BNSS) for grant of regular bail to the applicant who has been arrested in connection with Crime No. 306/2026 registered at Police Station – Janjgir, Dist Janjgir- Champa (C.G.), for the offence punishable under Sections, 137 (2), 87, 64 (1) of BNS (corresponding to Sections 363, 366, 376 (1) of IPC) and Sections 4, 6 of the Protection of Children from Sexual Offences Act, 2012 (for short, the POCSO Act). 2. As per the prosecution’s case, on 24.04.04.2026 at 10:00 am, knowing that the victim/prosecutrix was minor, the applicant allured and eloped Digitally signed by ALLENA ANJANI KUMAR Date: 2026.07.13 18:34:59 +0530 2 her on the false pretext of marriage and on 26.04.2026, he committed forcible sexual intercourse against her will and thereby committed the offence. Father of the victim/complainat lodged the missing complaint at police Station Janjgir. Based on this, offence under the above sections has been registered against the present applicant. 3. Learned counsel for the applicant submits that the applicant is innocent and has not committed any offence. He further submits that the victim and father of the victim were examined before the concerned trial Court as P.W.1 & P.W.2 wherein the victim and father have not supported the case of the prosecution. As per her statement, she was major at the time of offence and on being asked, she replied that she had gone to her aunt’s house. He next submits that on the previous date, victim and his father appeared before this Court and did not oppose the prayer for grant of bail to the applicant. He further submits that the applicant is in jail since 01.05.2026 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 applicant. 4. On the other hand, learned counsel for the State opposes the bail application, while submitting that the applicant has committed serious offence and looking to the nature and gravity of offence, the applicant is not entitled for grant of 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 further looking to the statements of the victim and her father and the trial is likely to take considerable time, without expressing any opinion on the 3 merits of the matter, I am inclined to release the applicant on bail. 7. Accordingly, the application is allowed and it is directed that the applicant shall be released on bail on his furnishing a personal bond in the sum of Rs. 20,000/- with one surety in the like sum to the satisfaction of the 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 disposal of the trial. It is made clear that any observation made by this Court in this order shall not affect the trial of the case. 8. Office is directed to send a certified copy of this order to the trial Court concerned for information. Sd/- (Radhakishan Agrawal) JUDGE Anjani