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2026 DAILYLAW 26342 (CHH)

RAJ NAYAK v. STATE OF CHHATTISGARH

MCRC/4882/2026 · 2026-07-12

Shri Radhakishan Agrawal

body2026

Judgment text

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1 CGHC010203382026 2026:CGHC:29474 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4882 of 2026 Raj Nayak S/o Sarwan Nayak Aged About 22 Years R/o Village Ward No 20, Tadpara Jhilmili Bhainso P.S. Mulmula, District- Janjgir-Champa (C.G.) ... Applicant versus State Of Chhattisgarh Through District- Magistrate- Janjgir, Dist- Janjgir- Champa (C.G.) ... Non-applicant For Applicant : Ms. Unnati Sinha appears on behalf of Shri Anmol Gupta, Advocate. For Non-applicant : Shri Vivek Sharma, Panel Lawyer. (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 B.N.S.S.) for grant of regular bail to the applicant who has been arrested in connection with Crime No.100/2026 registered at Police Station – Mulmula, District Janjgir-Champa (C.G.), for the offence punishable under Sections 74 & 75 of Bhartiya Nyay Samhita, 2023 (for short, the BNS) and Sections 8, 12 of the Protection of Children from Sexual Offences Act, 2012 (for short, the POCSO). 2. As per the prosecution’s case, on 21.03.2026 at or about 10:00 am, the victim/prosecutrix went to Banahil Bus Stand for shopping and came back and thereafter, the victim complained her mother that at the Digitally signed by ALLENA ANJANI KUMAR Date: 2026.07.14 10:53:33 +0530 2 Bus Stand the applicant/accused forcibly pulled her by grabbing her hands and kissed on her cheeks and fled away. Not only this, the accused/applicant also chased her and made obscene gestures on several times before her. An F.I.R. was lodged by the mother of the victim/prosecutrix in that regard. Based on this, offence under the aforesaid 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 applicant was 22 years of young boy at the time of offence and he was in relationship with the victim. He also submits that the applicant is in jail since 26.03.2026 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 and submits that at village Jhaljhala, the applicant/accused held her hand forcibly and pulled her towards him and applied kiss whereupon she made hue and cry, the applicant fled away and not only this, earlier also while she was going to school, the applicant/accused used to chase her and made obscene gestures towards her. He further submits that barring the present crime No.100/2026, there are 4 other criminal antecedents registered against him, they are Crime No.63/2022 for the offence under Sections 294, 323, 34, 451, 506 IPC, Crime No. 324/2024 for the offence under Sections 115(2), 126(2), 296, 3 (5), 351(2) of B.N.S. and Crime No.292/2025 for the offence under Sections 115(2), 296, 3 (5), 351(2) of B.N.S. at Police Station Mulmula and at Police Station Pamgarh, Crime No.104/2026 for the offence under Secrtions 296, 351 (2), 115 (2), 3(5) of B.N.S. was also 3 registered. He further submits that investigation is underway, therefore, looking to the criminal antecedents and the present criminal case, the applicant does not entitle for grant of regular bail. 5. On previous date, the victim and her father appeared and raised their objection for 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 material available on record and further considering that there are 4 other criminal antecedents against the applicant and taking into account that the trial is going on, without commenting anything on merits of the case, 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. 9. Office is directed to send a certified copy of this order to the trial Court concerned for information. Sd/- (Radhakishan Agrawal) JUDGE Anjani