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2026 DAILYLAW 2666 (CHH)

AKHILESH SHYAM v. STATE OF CHHATTISGARH

MCRC/236/2026 · 2026-02-10

Shri Sanjay Kumar Jaiswal

body2026

Judgment text

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1 2026:CGHC:7675 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 236 of 2026 Akhilesh Shyam S/o Tribhuvan Singh Aged About 31 Years R/o. Village - Bankheta, Rawa, Korba, District Korba (C.G.) ... Applicant versus State Of Chhattisgarh Through Police Station Katghora, District Korba (C.G.) ... Respondent For Applicant : Mr. Anshul Tiwari, Advocate For Respondent : Ms. Vithika Choubey, P.L. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order On Board 11.02.2026 1. The victim along with her parents appeared before this Court today through virtual mode from the concerned DLSA and expressed their no-objection in granting bail to the applicant. 2. This is the first bail application filed u/s 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No.207/2025 registered at Police Station Katghora, District Korba (C.G.) for BHOLA NATH KHATAI Digitally signed by BHOLA NATH KHATAI Date: 2026.02.12 15:36:36 +0530 2 offence punishable under Sections 137(2), 64(1) of BNS and Sections 4 & 6 of Protection of Children from Sexual Offences Act. 3. As per the prosecution case, the applicant knowing well that the victim was a minor, yet he kidnapped her from the lawful guardianship of her parents and committed sexual intercourse with her. On report being lodged in this regard, the applicant was arrested on 10.07.2025. 4. Learned counsel for applicant submits that the applicant is innocent and has been falsely implicated in this case. The victim and her parents have been examined before the trial Court and they have not supported the case of prosecution and turned hostile. The victim and her parents have also expressed their no- objection in granting bail to the applicant. He submits that the victim was a consenting party and she went with the applicant of her own free will. He further submits that out of total 18 witness, only 3 i.e. the victim and her parents have been examined till date, the applicant is in jail since 10.07.2025 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. 5. Learned State counsel, on the other hand, opposing the bail application submits that the victim was minor at the time of incident and she has supported the case of prosecution. Hence, considering the nature of offence, the applicant does not deserve to be released on bail. 6. Heard learned counsel for the parties and perused the case diary. 3 7. Taking into consideration the entire facts and circumstances of the case, particularly the court statements of the victim and her parents and also considering the facts that the victim and her parents have expressed their no-objection in granting bail to the applicant, there are total 18 witnesses, out of which only 3 witnesses i.e. the victim and her parents have been examined so far, the applicant is in jail since 10.07.2025 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. 8. 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. 9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information. Sd/- (Sanjay Kumar Jaiswal) Khatai JUDGE