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2026 DAILYLAW 28478 (CHH)

AJAY KHANDE v. STATE OF CHHATTISGARH

MCRC/3920/2026 · 2026-07-22

Shri Radhakishan Agrawal

body2026

Judgment text

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1 CGHC010156652026 2026:CGHC:31459 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3920 of 2026 Ajay Khande S/o Ganga Ram Khande Aged About 28 Years R/o Tarda, Parsabhatha, Urga, District- Korba (C.G.) ... Applicant versus State Of Chhattisgarh Through - Police Station- Urga, District- Korba (C.G.) ---- Respondent (Cause title is taken from the CIS) ___________________________________________________________ For Applicant : Mr. Vikas Kumar Pandey, Advocate For State-Respondent : Mr. Varunendra Mishra, PL ___________________________________________________________ Hon'ble Shri Justice Radhakishan Agrawal Order on Board 23/07/2026 1. This is the first bail application filed under Section 483 of the BNSS, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No.33/2026, registered at Police Station- Urga, District- Korba (CG) for the offence punishable under Sections 64(2)(m), 65(1), 351(3) of BNS and Section 6 of POCSO Act. VASANT KUMAR Digitally signed by VASANT KUMAR Date: 2026.07.23 14:47:17 +0530 2 2. The prosecution case is that on 13.01.2026, mother of the prosecutrix has lodged the written report before the police station stating that on the pretext of marriage, applicant has committed sexual intercourse with her daughter. On the basis of said complaint, matter was reported and investigation commenced. During the course of investigation, the applicant was arrested and after completion of investigation, charge-sheet has been filed against the applicant before the competent Court. 3. Learned counsel for the applicant contended that the applicant has not committed any offence and has been falsely implicated in the said case. He further contended that there was love affair between the applicant and the prosecutrix and there is delay in lodging of FIR and the applicant is in jail since 14.01.2026, and the trial will take considerable time for its conclusion, therefore, the applicant may be released on bail. 4. Learned State counsel opposes the submission made by learned counsel for the applicant and would submit that at the time of incident, age of the victim was 14 years and 06 months and the applicant has committed sexual assault with the victim, therefore, the applicant may not be released on bail. 5. Pursuant to order dated 29.06.2026, victim and her mother appeared before this Court through virtual mode from the DLSA- 3 Korba (C.G.). On being asked, she raised objection for grant of bail to the applicant. Her statement is taken on record. 6. I have heard learned counsel for the parties. 7. Considering the facts and circumstances of the case and further considering the material available on record, this Court is not inclined to grant bail to the applicant. 8. Accordingly, the bail application of the applicant stands rejected. 9. Office is directed to send a certified copy of this order to the trial Court concerned for information. Sd/- (Radhakishan Agrawal) Judge Vasant