1 CGHC010299532026 2026:CGHC:41419 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7201 of 2026 1 - Shiva Banjare S/o Surendra Banjare Aged About 24 Years R/o Village Ghursena, P.S. Nandghat, Distt. Bemetara, C.G. ... Applicant versus 1 - State Of Chhattisgarh Through- P.S. Hathband, District- Balodabazar-Bhatapara, C.G. … Non-applicant For Applicant : Mr. B.L. Dembra, Advocate For Non-applicant /State : Ms. Monika Thakur, P.L. Hon’ble Shri Justice Rakesh Mohan Pandey Order on Board 23/09/2026 1. The applicant has preferred this First Bail Application under Section 483 of the BNSS, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 185/2024, registered at 2 Police Station Hathband, District – Balodabazar-Bhatapara (C.G.) for offence punishable under Sections 137(2), 87, 64(2) and 3(5) of BNS and Sections 4, 6 and 17 of POCSO Act. 2. As per the case of the prosecution, a missing complaint was lodged by the father of the minor victim on 06/10/2024 and subsequently, the victim was recovered on 28/05/2026, her statement was recorded under Section 183 of BNSS wherein she has stated that she was in a love affair with co-accused Nageshwar Nishad and thus, she left her home along with him and went to Pune wherein Nageshwar Nishad sexually assaulted the victim. Subsequently, the victim met the present applicant Shiva Banjare and again entered into a love affair with him and also established physical relations with him. Thereafter, they also entered into marriage and started residing together as husband and wife and on 21/05/2026, they returned to their village. On the basis of such allegations, the police arrested the present applicant. 3. Mr. B.L. Dembra, learned counsel for the applicant, would argue that on the date of the incident, the age of the victim was 15 years and 10 months and there was a love affair between the applicant and the victim and both of them stayed at Pune and established physical relations and also entered into marriage and started residing together as husband and wife. He would further contend that there is no serious allegation of sexual assault against the present applicant and victim has given her consent for grant of bail to the applicant. He would further submit that the investigation has 3 been completed and charge-sheet has already been filed and the applicant is in jail since 29/05/2026, thus, the appellant be released on bail as conclusion of trial is likely to take some time. 4. On the other hand, Ms. Monika Thakur, learned counsel appearing for the non-applicant/State, would oppose the bail application and submit that at the time of the incident, the victim was aged about 15 years and 10 months and therefore, the contention of consent of the victim would be irrelevant as she was a minor. She would lastly submit that serious allegations have been levelled against the applicant with regard to sexual assault of the minor victim, therefore, he is not liable to be released on bail. 5. The victim along with her father appeared before this Court through video conferencing from the concerned District Legal Services Authority (DLSA) and has given her consent for grant of bail to the applicant. 6. I have heard learned counsel appearing for the parties and perused the case diary as well as the material available on record. 7. Taking into consideration the facts and circumstances of the case, particularly that the investigation is complete and charge-sheet has already been submitted; the applicant is in custody since 29/05/2026; and there is no serious allegation of sexual assault against the present application in the statement of the victim recorded under Section 183 of the BNSS and further considering that the victim has given her consent for grant of bail to the 4 applicant, this Court, without expressing any opinion on the merits of the case, is of the considered view that a fit case for grant of regular bail is made out. Accordingly, the bail application filed by the applicant is allowed. 8. 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, he shall be released on bail, on 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, and (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. 9. The observation made herein-above is for the purpose of deciding this bail application only, the trial Court shall decide the case on its own merits. Sd/-Sd/- (Rakesh Mohan Pandey) JUDGE Harneet