1 CGHC010215232026 2026:CGHC:30196 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5008 of 2026 Umend Das Banjare S/o Lakhan Banjare Aged About 19 Years R/o Village- Singhanpuri, Post- Sarangpur Kala, Out Post- Pondi, Police Station- Bodla, Tahsil- Bodla, District- Kabirdham (C.G.) ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station- Kawardha, District- Kabirdham (C.G.) ... Non-applicant For Applicant : Shri Chandrikaditya Pandey, Advocate. For Non-applicant/State : Shri Aman Tamrakar, Panel Lawyer. (HON’BLE SHRI JUSTICE RADHAKISHAN AGRAWAL) Order on Board 16/07/2026 1. This is the second 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. 81/2026 registered at Police Station – Kawardha, Kabirdham (C.G.), for the offence punishable under Sections 137(2), 64(1), 65 of Bhartiya Nyay Sanhita, 2023 (for short, the B.N.S.) and Section 4 of the Protection of Children from Sexual Offences Act, 2012 (for short, the POCSO Act). 2. As per the case of the prosecution, on 27.02.2026 at 2:00 pm, the prosecutrix/victim has gone somewhere without informing anyone of her family members and when her whereabouts were not known, then Digitally signed by ALLENA ANJANI KUMAR Date: 2026.07.16 16:43:45 +0530 2 a search was conducted and despite that she could not be traced out. Thereafter, the complainant lodged a complaint in this regard and upon search the victim/prosecutrix appeared herself before the Police station on 28.02.2026 at around 10:00 pm and on further investigation, it was revealed that the present applicant took the prosecutrix to Raipur where the applicant is alleged to have established physical relations. Based on complaint, F.I.R. was registered against the applicant for the offence under the above sections. 3. Learned counsel for the applicant submits that this is the second bail application and the first bail application, MCRC No. 3410/2026 has been dismissed as withdrawn vide order dated 01.05.2026. He further submits that the applicant is innocent and has been falsely implicated. He further submits that the victim has been examined as P.W.2 before the trial Court and as per the statement of the prosecutrix (P.W.2), she was major at the time of alleged incident and that the applicant has not committed any offence of intercourse with her, which shows that she has turned hostile. He further submits that the applicant is in jail since 01.03.2026. 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 mother appeared through V.C. from the D.L.S.A. Kabirdham and 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. 3 7. Taking into consideration the entire facts and circumstances of the case and further considering the material available on record and looking to the statement of the victim and that, 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. 15,000/- 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