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2026 DAILYLAW 3038 (CHH)

RAMPATI KORWA v. STATE OF CHHATTISGARH

MCRC/46/2026 · 2026-02-10

Shri Sanjay Kumar Jaiswal

body2026

Judgment text

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1 2026:CGHC:7721 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 46 of 2026 Rampati Korwa S/o Lodhar Korwa Aged About 43 Years R/o Village Piparpaan Chorakhad, Police Station Sanawal, District Balrampur- Ramanujganj C.G. ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Sanawal, District Balrampur-Ramanujganj C.G. ... Respondent For Applicant : Mr. Mukul Chaturvedi, Advocate For Respondent : Ms. Laxmeen Kashyap, P.L. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order On Board 11.02.2026 1. The victim and her father appeared before this Court on 09.02.2026 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.43/2025 BHOLA NATH KHATAI Digitally signed by BHOLA NATH KHATAI Date: 2026.02.12 15:36:17 +0530 2 registered at Police Station Sanawal, District Balrampur- Ramanujganj (C.G.) for offence punishable under Sections 64(2) (m), 65(1), 69 & 351(2) of BNS and Sec. 4(2), 5(j)(ii) & 5(l)/6 of Protection of Children from Sexual Offences Act. 3. As per the prosecution case, the applicant knowing fully well that the victim was a minor, committed sexual intercourse with her on several occasions under the pretext of marriage due to which she became pregnant. Subsequently, on the report being made in this regard, the applicant was arrested on 01.08.2025. 4. Learned counsel for applicant submits that the applicant is innocent and he has been falsely implicated in this case. The victim and her father have been examined before the trial Court and they have not supported the case of prosecution and turned hostile. They have also expressed their no-objection in granting bail to the applicant. He further submits that out of total 16 witness, only 2 witnesses i.e. the victim and her father have been examined till date, the applicant is in jail since 01.08.2025 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 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 father and also considering the facts that the victim and her father have expressed their no-objection in granting bail to the applicant, there are total 16 witnesses, out of which only 2 witnesses i.e. the victim and her father have been examined so far, the applicant is in jail since 01.08.2025 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