1 CGHC010283332026 2026:CGHC:40491 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6752 of 2026  Nisar Khan @ Nisar Mohammad S/o- Rahim Khan Aged About 24 Years R/o Shastrinagar, Poochapara, Katghora, P.S.- Katghora, District- Korba, C.G. ... Applicant versus  State Of Chhattisgarh Through- Station House Officer, P.S.- Katghora, District- Korba, C.G. ... Non-Applicant For Applicant : Ms. Reena Singh, Advocate For State : Mr. Kanwaljeet Singh Saini, Dy. G.A. For Objector : Mr. Aishvarya Sahaya, Advocate holding the brief of Ms. Vidya, Advocate Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 16.09 .2026 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 229/2024 registered at Police Station Katghora, District Korba (C.G.), for the offence punishable under Sections 363, 366(A), 376 of IPC and Sections 4 & 6 of POCSO Act. 2. Case of the prosecution, in brief, is that the applicant /accused abducted the minor prosecutrix of below 18 years of age without the consent of her lawful guardian and established sexual relation with her on pretext of marriage. On 26.04.2024, the father of the prosecutrix lodged a missing report at Police SIDDHANT TAMRAKAR Digitally signed by SIDDHANT TAMRAKAR Date: 2026.09.17 16:40:09 +0530 2 Station Katghora, which was registered as Crime No. 229/2024 against an unknown person. It is alleged that the applicant kept the minor prosecutrix in his company from 21.02.2024 to 02.07.2024, and on 02.07.2024, she was recovered from the house of her aunt namely Laxmi Yadav. After completion of investigation, the police filed charge-sheet in the matter while the applicant was absconding. On 25.06.2026, the applicant/accused surrendered before the Court, and thereafter, a supplementary charge-sheet was filed, adding the offences punishable under Sections 363, 366-A and 376 of the Indian Penal Code and Sections 4 and 6 of the Protection of Children from Sexual Offences Act. 3. Learned counsel for the applicant would submit that the applicant is in jail since 25.06.2026; the victim has already been examined before the trial Court and she has not supported the case of the prosecution, even suggestions given by the public prosecutor have been denied by her. Thus, he would pray for grant of bail to the applicant. 4. On the other hand, learned counsel for the State would oppose the bail application. 5. Learned counsel appearing for the objector would submit that he has no objection if the applicant is enlarged on bail. 6. On 11.08.2026, the victim along with her counsel appeared before this Court and has raised no objection in releasing the applicant on bail. 7. I have heard learned counsel appearing for the parties and perused the case diary. 8. Having considered the fact that the victim has already been examined as PW/1 before trial Court and has not supported the prosecution’s case, even 3 she denied the suggestions given by the public prosecutor; further the applicant is in jail since 25.06.2026, I am inclined to allow this bail application. 9. Accordingly, the regular bail application is allowed and it is directed that in the event of the applicant executing a personal bond for a sum of Rs.50,000/- with one surety in the like sum to the satisfaction of the concerned trial Court, they shall be released on bail on the following conditions:- (i) he shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court; (ii) he shall not act in any manner which will be prejudicial to fair and expeditious trial, & (iii) he shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial. 10. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Rakesh Mohan Pandey) JUDGE $iddhant