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2026 DAILYLAW 3296 (CHH)

SANTOSH KUMAR ROHIDAS v. STATE OF CHHATTISGARH

MCRCA/34/2026 · 2026-01-27

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Judgment text

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1 2026:CGHC:4778 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 34 of 2026 Santosh Kumar Rohidas S/o Tekram Rohidas Aged About 23 Years R/o Krishna Nagar, Dipka, P.S. Dipka, Tehsil Katghora, District : Korba, Chhattisgarh ... Applicant versus State Of Chhattisgarh Through - Police Station- Civil Line Rampur, District : Korba, Chhattisgarh ... Respondent For Applicant : Shri Vikas Kumar Pandey, Advocate. For Respondent/State : Shri Nitansh Jaiswal, Dy.G.A. Hon'ble Shri Ramesh Sinha, Chief Justice Order On Board 28/01/2026 1. Victim and father of the victim has been connected through video conferencing from DLSA, Korba and it is stated that they don’t have any objection, if the applicant is allowed anticipatory bail. 2. The applicant has preferred this application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), for grant GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2026.01.30 18:58:17 +0530 2 of anticipatory bail, apprehending his arrest in connection with Crime No.550/2025, registered at Police Station Civil Line Rampur, District Korba (C.G.) for alleged commission of offence punishable under Sections 137(2), 65(1) of BNS and Section 4 of POCSO Act. 3. Case of the prosecution, in brief, is that on 08/09/2025 the mother of the prosecutrix has lodged missing report of her daughter stating that on 30/08/25 she went to celebrate birthday of her friend thereafter she did not returned back home therefore mother of prosecutrix has lodged First Information Report against the unknown person and after investigation police has recovered the prosecutrix and her statement was recorded on the basis of statement of prosecutrix the police has registered offence U/S 137(2), 65(1) of BNS and Section 4 of POCSO Act against the applicant. 4. Learned counsel for the applicant submitted that the victim has left her house for celebrating her friend’s birthday and victim and applicant are relatives and as the victim has raised no objection for grant of anticipatory bail, hence he prays to enlarge the applicant on anticipatory bail. 5. On the other hand, learned State counsel opposes the prayer for grant of anticipatory bail and submitted that as per 183 BNSS statement of the victim goes to show that she is a minor aged about 14 years and further the fact that the applicant established physical relationship with her on 30/08/2025 after enticing her away, therefore applicant is not entitled for grant of anticipatory bail. 6. I have heard learned counsel for the parties and perused the case diary. 3 7. Considering the facts and circumstances of the case, perused the statement of the victim under Section 183 BNSS and as per her statement it goes to show that she is a minor aged about 14 years and further the fact that the applicant established physical relationship with her on 30/08/2025 after enticing her away, considering her statement, I am not inclined to grant anticipatory bail to the applicant. 8. Accordingly, the anticipatory bail application of the applicant - Santosh Kumar Rohidas, involved in Crime No.550/2025, registered at Police Station Civil Line Rampur, District Korba (C.G.) for alleged commission of offence punishable under Sections 137(2), 65(1) of BNS and Section 4 of POCSO Act is rejected. Sd/-Sd S S Sd/- (Ramesh Sinha) Chief Justice gouri