1 CGHC010174782026 2026:CGHC:39898 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4108 of 2026 Chhotu Yadav @ Suraj Yadav S/o Pramod Yadav Aged About 21 Years (Wrongly Mentioned As Chotu In The Order Sheet), R/o Village Badiyari, P.S. Bangaon, Distt. Saharsa (Bihar), Current Address Village Awrakachhar Chuhiya, P.S. Balconagar, Distt. Korba, Chhattisgarh. ... Applicant versus State of Chhattisgarh Through Station House Officer, P.S. AJK (Wrongly Mentioned As Ajaak In The Order Sheet) Korba, Distt. Korba, Chhattisgarh. … Non-applicant For Applicant : Mr. Chandrikaditya Pandey, Advocate. For Non-applicant : Mr. Vivek Sharma, Panel Lawyer. Hon'ble Shri Rakesh Mohan Pandey, Judge Order on Board 11.09.2026 1. The applicant has preferred this first Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 303/2025, registered at Police Station AJK Korba, District - Korba (C.G.), for the offences punishable under Sections 137(2) and 64(1) of the Bharatiya Nyaya Sanhita, 2023, Sections 4 and 6 of the Protection of Children from Sexual Offences Act, 2012 and Section 3(2)(v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2026.09.15 17:33:32 +0530 2 2. Case of the prosecution, in brief, is that on 04.05.2025, the father of the victim lodged a report stating that when he had gone to the forest along with his family, the victim, who was his second daughter, was alone at home and upon their return at about 11:00 a.m., she was found missing without informing anyone. On the basis of the said report, Crime No. 303/2025 was registered and investigation was taken up. During investigation, the victim returned to her house on 10.05.2025 and was thereafter produced before the police by her parents. It was subsequently found that the applicant had established physical relations with the victim, who was below 18 years of age, as a result of which she became pregnant. The medical evidence also indicates pregnancy of the victim. After completion of investigation, charge-sheet was filed on 17.09.2025 and charges have been framed against the applicant under the aforesaid provisions. The victim and other prosecution witnesses have already been examined before the learned trial Court. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. He submits that the victim was not recovered from the exclusive possession of the applicant and had herself returned to her house. It is further submitted that the victim's medical examination did not reveal any external or private-part injury. He submits that, as per the victim's statement, she had herself gone to Patna to meet the applicant and thereafter met him at Champa, which according to him indicates a love affair and consensual relationship between them. He further submits that there is no reliable material regarding the age of the victim and that the investigating agency failed to conduct the ossification test despite the medical advice. Learned counsel also relies upon the statement of the victim recorded during investigation and her deposition before the learned trial Court and submits that the 3 victim was aware of her pregnancy but did not disclose the same to anyone. It is also submitted that the applicant is aged about 21 years, has no criminal antecedents, and the victim has already been examined before the learned trial Court. Since the charge-sheet has been filed and the trial is at an advanced stage, further custodial detention of the applicant is not required. On these grounds, learned counsel prays that the applicant be enlarged on bail. 4. On the other hand, learned State counsel opposes the prayer for grant of bail and submits that the victim was admittedly below 18 years of age at the relevant time and the allegations against the applicant are serious in nature. It is further submitted that the victim, in her deposition before the learned trial Court, has categorically stated that the applicant had expressed his love towards her and promised to marry her and thereafter forcibly established physical relations with her on several occasions, including in the forest and the courtyard of the house. It is further stated that she subsequently became pregnant and informed the applicant about her pregnancy. She further submits that the medical evidence supports the factum of pregnancy and significantly, the DNA examination report establishes that the applicant is the biological father of the child born to the victim. It is further submitted that the victim and other material prosecution witnesses have already been examined and have supported the prosecution case. Learned State counsel submits that the alleged consent or love affair between the applicant and the victim cannot be treated as a defence when the victim was below 18 years of age. He, therefore, submits that, considering the age of the victim, the nature and gravity of the offence and the evidence available on record, the applicant is not entitled to be enlarged on bail. 5. I have heard learned counsel for the parties and perused the case diary 4 and other material available on record. 6. From perusal of the statement of the victim recorded before the learned trial Court, it transpires that she has categorically deposed that the applicant had told her that he loved her and would marry her and thereafter forcibly established physical relations with her. She has further stated that the applicant took her to the jungle and the courtyard of his house and established physical relations with her on about 6-7 occasions. She subsequently came to know that she was pregnant and informed the applicant about the same. The victim has also stated that, when she was recovered, she was carrying pregnancy of about 7-8 months and that she subsequently gave birth to a child, who unfortunately died after about one week. The aforesaid version of the victim is materially corroborated by the medical evidence regarding her pregnancy. More importantly, the DNA examination report establishes that the applicant is the biological father of the child born to the victim, which provides significant corroboration to the prosecution case regarding the physical relationship between the applicant and the victim. The submission that the victim voluntarily accompanied the applicant or that there was a love affair between them, therefore, cannot be considered in isolation at this stage, particularly when the prosecution case is that the victim was below 18 years of age at the relevant time. It is also relevant that the victim and other material prosecution witnesses have already been examined before the learned trial Court and have supported the prosecution case. Thus, having regard to the evidence available on record, particularly the testimony of the victim, the medical evidence and the DNA report, this Court finds sufficient prima facie material against the applicant. 7. Having regard to the facts and circumstances of the case, the nature and 5 gravity of the offences alleged against the applicant, the age of the victim at the relevant time, her statement recorded before the learned trial Court, the medical evidence regarding her pregnancy and more particularly, the DNA examination report establishing the applicant as the biological father of the child born to the victim, therefore, this Court is not inclined to grant bail to the applicant. 8. Accordingly, the bail application of the applicant namely - Chhotu, involved in Crime No. 303/2025, registered at Police Station AJK Korba, District Korba (C.G.), for the offences punishable under Sections 137(2) and 64(1) of the Bharatiya Nyaya Sanhita, 2023, Sections 4 and 6 of the Protection of Children from Sexual Offences Act, 2012 and Section 3(2) (v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989., is hereby rejected. 9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance. Sd/- (Rakesh Mohan Pandey) Judge Abhishek