1 2026:CGHC:6270 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 761 of 2026 1 - Devdas Nishad Alias Dadu Nishad S/o Mahesh Nishad Aged About 22 Years R/o Village- Berlakala O.P Kandraka Thana- Berla, District- Bemetara (C.G.) ... Applicant versus 1 - State Of Chhattisgarh Through O.P Kandraka Thana- Berla, District- Bemetara (C.G.) ... Respondent For Applicant : Mr. Ashish Gangwani, Advocate. For State : Mr. Karan Baharani, P.L. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order on Board 04/02/2026 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 274/2025 registered at Police O.P. – Kandraka, Police Station – Berla, District Bemetara (C.G.), for the offence punishable under Section 64(2)(M) of BNS and Section 6 of POCSO Act (as per challan). HEERA LAL SAHU Digitally signed by HEERA LAL SAHU Date: 2026.02.04 16:54:42 +0530 2 2. As per the prosecution’s case, it is alleged that from 01.01.2024 to 30.01.2025, the applicant committed sexual intercourse with the minor victim, due to which the victim became pregnant and gave birth to a child. Based on this, offence has been registered against the present applicant. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He further submits that out of 20 witnesses, 3 witnesses, including the victim and her mother, have been examined before the trial Court and the mother and the victim have turned hostile. The applicant is in jail since 03.11.2025, and the trial is likely to take considerable time to conclude. Therefore, he prays for the grant of regular bail to the applicant. 4. On the other hand, learned counsel for the State opposed the bail application and submitted that the applicant committed a heinous offence with a minor girl, due to which the victim got pregnant and delivered a child; therefore, the applicant may not be enlarged on bail. 5. The victim and her mother appeared through V.C. from the concerned DLSA and recorded their no objection to the grant of bail to the applicant. 6. I have heard learned counsel appearing for the parties and perused the case diary. 3 7. Considering the facts and circumstances of the case and also looking to the Court statements of victim and her mother, and also considering the fact that the victim and her mother recorded no objection to grant of bail to the applicant, the applicant is in custody since 03.11.2025, and the trial is likely to take considerable time, therefore, at this stage, without commenting on merits of the case, 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. 25,000/- 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 necessary information and compliance forthwith. Sd/- (Sanjay Kumar Jaiswal) Judge H.L. Sahu