1 CGHC010218242026 2026:CGHC:29659 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5197 of 2026 Rahul Sahu S/o Santosh Sahu Aged About 21 Years R/o Village Teela House No. 224, P.S. Gobra Nawapara Dist. Raipur Chhattisgarh ... Applicant versus State Of Chhattisgarh Through Station House Officer Police Station Rajim Distt. Gariyaband Chhattisgarh ... Respondent For Applicant : Shri Anway Tiwari, Advocate. For Respondent/State : Ms. Supriya Upasne, G.A. (HON’BLE SHRI JUSTICE RADHAKISHAN AGRAWAL) Order on Board 14/07/2026 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as the B.N.S.S.) for grant of regular bail to the applicant who has been arrested in connection with Crime No. 32/2026 registered at Police Station – Rajim, District Gariyaband (C.G.), for the offence punishable under Sections 137(2), 87, 96, 64(2)(m) of Bhartiya Nyay Sanhita, 2023 (for short, the B.N.S.) and Sections 4, 6 of the Protection of Children from Sexual Offences Act, 2012 (for short, the POCSO Act). 2. As per the case of the prosecution, on 02.02.2026 at 11:00 pm, the prosecutrix left for her grandmother’s house, but did not come back Digitally signed by ALLENA ANJANI KUMAR Date: 2026.07.14 17:24:38 +0530 2 and missing report was lodged in this regard, thereafter, on 27.03.2026, the prosecutrix was recovered from the possession of the applicant. It is the further case of the prosecution that the applicant established physical relationship with the victim on several times on false pretext of marriage and when the prosecutrix turned 18 years old as on 16.03.2026, the applicant got married with her. Father of the prosecutrix lodged a complaint and based on this, F.I.R. was registered against the applicant for the offence under the above sections. 3. Learned counsel for the applicant submits that the applicant is innocent and has not committed any offence. He further submits that as per the statement of the prosecutrix (P.W.1), she had married with the applicant/accused on 23.03.2026 at Arya Samaj Mandir, Raipur and thereafter she is pregnant of 4 – 5 months and the applicant has not established any physical relationship before marriage. Further, as per her statement, the prosecutrix was major. He further submits that the applicant is in jail since 28.03.2026. He next submits that the trial is going on and completion of trial may take some considerable time. Therefore, 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. 5. The victim and her father appeared through V.C. from the Taluka LSA, Gariyaband and both have raised no objection to grant 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 3 case and further considering the statement of the victim and both the father and the victim have not raised any objection for grant of bail to the applicant and the trial is likely to take considerable time, without further commenting anything on merits of the matter, I am inclined to release the applicant on bail. 8. 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. 10,000/- 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. 9. Office is directed to send a certified copy of this order to the trial Court concerned for information. Sd/- (Radhakishan Agrawal) JUDGE Anjani