1 CGHC010328052026 2026:CGHC:39228 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7991 of 2026 1 - Sagar Prasad @ Cheeku S/o Rajendra Prasad Upadhyay Aged About 21 Years R/o Barsoor, Ward No. 14, P.S. - Barsoor, District : Dantewada, Chhattisgarh. 2 - Smt. Sita Nag W/o Devi Nag Aged About 26 Years R/o Village Girlikhuti Chindgarh, Police Station Chindgarh, District : Sukuma, Chhattisgarh. 3 - Nanda Behra S/o Laikhan Behra Aged About 27 Years R/o Hardaguda Bhejangiguda, Police Station Kalimela, District Malkangiri (Odhisa) ... Applicants versus State of Chhattisgarh through the Station House Officer Police Station Badanji District Bastar, Chhattisgarh ... Respondent For the applicants : Mr. Shubhankar Singh, Advocate For Respondent : Ms. Deepeshwari Mahilwar, Panel Lawyer (Hon’ble Shri Justice Sanjay Kumar Jaiswal) Order on Board 07.09.2026 1. This is first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicants in Crime No. 4/2026 registered at Police Station Badanji, District Bastar, (Chhattisgarh) for the offences under Sections 137(2), 87, 49, 55, 65(1) of BNS and Sections 4, 6 &17 of POCSO Act. ALLENA ANNAJEE RAO Digitally signed by ALLENA ANNAJEE RAO Date: 2026.09.08 14:37:25 +0530 2 2. As per the prosecution case, appellant no.1 Sagar Prasad has enticed away the minor girl under the pretext of marriage and kept her in his residence at Barsoor where he repeatedly subjected her to forcible sexual intercourse. The allegation against appellant no.3 Nanda Behra is that he being a friend of main accused Sagar had accommodated the victim in his residential situated at Malkangiri (Orissa). Similarly, it is alleged against appellant no.3 Smt. Sita Nag who is the relative of main accused Sagar that she had also accommodated both the victim main accused Sagar in her residence at village Chhindgarh (sukma) for certain period. 3. Learned counsel for the applicants submits that the victim has been examined and in her court statement she has not supported the prosecution case and turned hostile. He submits that appellant no.1 is in jail since 31.01.2026; appellant no.2 since 23.03.2026 and appellant no.3 since 24.03.2026. Till date out of 22 witnesses, only has been examined; there is no immediate possibility of disposal of the case and the other accused Rajendra Prasad Upadhyay and Smt. Shakun Upadhyay have been granted regular bail by this Court by order dated 10.08.2026 passed in MCRC No. 6889 of 2026, therefore, considering all these aspects, the present applicants may also be enlarged on bail. 4. Per contra, learned State Counsel opposes the bail application and submits that at the time of incident, the victim was minor and she has been recovered from the possession of main accused. 5. The Victims along with her mother have appeared through VC from the concerned DLSA and the mother has raised objection to grant bail to the applicant. 6. Having considered the submissions made by learned counsel for the parties; the court statement of victim who denied the prosecution case and also the fact that the trial is yet to take time; the co-accused have been enlarged on bail and further looking to the custody period of the 3 applicants, without observing anything on the merits of the case, I am inclined to release the applicants on bail. 7. Accordingly, this bail application is allowed and the applicants Sagar Prasad @ Cheeku, Smt. Sita Nag and Nanda Behra are directed to be released on bail on each of them furnishing a bond in sum of Rs.25,000/- with one surety each in the like sum to the satisfaction of the trial Court for their appearance before the said Court as and when directed in that behalf. Cc as per rules. Sd/- (Sanjay Kumar Jaiswal) Judge Rao