1 CGHC010352122026 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8401 of 2026 Nagesh Kumar Surywanshi S/o Late Ramratan Surywanshi Aged About 21 Years R/o Village Putpura, Police Station, Janjgir District Janjgir Champa, Chhattisgarh. ... Appellant versus State of Chhattisgarh through- Station House Officer, Police Station Janjgir, District Janjgir Champa C. G. ... Respondent For the applicant : Mr. Kamlesh Patel, Advocate For the respondent : Mr. Suresh Tandon, Panel Lawyer (Hon’ble Shri Justice Sanjay Kumar Jaiswal) Order on Board 22.09.2026 1. This is first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant in Crime No. 27/2026 registered at Police Station Janjgir, District Janjgir- Champa (CG) for the offence under Sections 137(2), 87, 64(2)(m) of BNS and Sections 4 and 6 of the Protection of Children from Sexual Offences Act, 2012. 2. As per the prosecution case, a missing person report was lodged regarding the prosecutrix alleging that she went missing on 05.01.2026. 2 She was recovered on 07.01.2026. In her statement, she alleged that she had a prior acquaintance with the present applicant who promised to marry her. On 05.01.2026, while she was going to her sister’s house, the applicant and his nephew Gulshan Taigor (co-accused) arrived on a motorcycle. It is alleged that the co-accused dropped her and the present applicant at Naila Railway Station. Thereafter, co-accused returned with the motorcycle, while the applicant took the prosecutrix to Raigarh by Train, where he allegedly established physical relations with her. Based on this the offence has been registered against the present applicant and co- accused. 3. Learned counsel for the applicant submits that the prosecutrix and her father have already been examined and they have turned hostile and not supported the prosecution case in their court statements. He next submits that co-accused Gulshan Taigor has already been enlarged on bail by this Court by order dated 02.03.2026 passed in MCRC No. 1676 of 2026. The applicant is in jail since 08.01.2026; till date out of 21 witnesses, only two have been examined and there is no immediate possibility of disposal of the case, therefore, considering all these aspects, the applicant may to be released 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 the present applicant is the main accused. 5. The Victims along with her mother have appeared through VC from the concerned DLSA and expressed no-objection to grant bail. 6. Having considered the submissions made by learned counsel for the parties and the court statements of the victim and her father wherein they have turned hostile and further looking to the long custody of the applicant as also the fact that the trial is yet to take time, without observing anything 3 on merits of the case, I am inclined to release the applicant on regular bail. 7. Accordingly, this bail application is allowed and the present applicant is directed to be released on bail on his furnishing a bond in sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the trial Court for his appearance before the said Court as and when directed in that behalf. Cc as per rules. Sd/- (Sanjay Kumar Jaiswal) Judge Rao ALLENA ANNAJEE RAO Digitally signed by ALLENA ANNAJEE RAO Date: 2026.09.22 18:03:01 +0530