1 CGHC010332242026 2026:CGHC:42538 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7953 of 2026 1 - Ajay Kumar Yadav S/o Shivnath Yadav Aged About 23 Years R/o Village Chorha, Nawagaon, Post Karhul, Police Station Simga, District Balodabazar- Bhatapara Chhattisgarh ... Applicant(s) versus 1 - State Of Chhattisgarh Through The Station House Officer, Police Of Police Station Chhura, District Gariyaband Chhattisgarh ... Respondent For Applicant : Mr. K.S. Pradhan, Advocate For Respondent/State : Ms. Ritika Verma, P.L. Hon’ble Shri Justice Rakesh Mohan Pandey Order on Board 30.09.2026 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. 130/2026, registered at Police Station Chhura, District Gariyaband (C.G.) for the offence punishable under Sections 137(2), 64(2)(m) and 87 of BNS and 04 and 6 of POCSO Act. 2. In pursuance of the notice dated 31.08.2026 issued to the victim, today the victim along with her father appeared before this Court through virtual mode and raised serious objection to releasing the applicant on 2 bail. 3. The case of the prosecution, in brief, is that a missing report was lodged by the father of the victim, wherein he stated that his daughter, aged about 16 years and 2 months, was missing since 21.07.2026. During the course of investigation, the police recovered the victim on 27.07.2026 from the company of the present applicant from Wardha. Her statement was recorded, wherein she made serious allegations of sexual assault against the present applicant on the pretext of marriage. On the basis of the said complaint, the police registered the aforesaid offence against the present applicant. 4. Learned counsel appearing for the applicant would submit that the age of the victim was 18 years at the time of the incident and that there was a consensual relationship between them. Charge-sheet has already been filed. No offence, as alleged, was committed by the applicant. The applicant is in jail since 29.07.2026. He, therefore, prays for grant of bail to the applicant. 5. On the other hand, learned State counsel would oppose the bail application and submit that the victim was aged about 16 years and 2 months and, thus, she was not competent to give her consent. She further submits that the victim has made serious allegations of sexual assault against the present applicant in her statement recorded under Section 183 of the BNSS. Therefore, she prays that the application moved by the applicant for grant of bail may be rejected. 6. I have heard learned counsel for the parties and perused the case diary. 3 7. Having considered the statement of the victim recorded under Section 183 of the BNSS, wherein she has categorically stated that the present applicant took her to Raipur and thereafter to Wardha, where he sexually assaulted her, coupled with the fact that the victim was aged about 16 years and 2 months and the serious allegations of sexual assault against the applicant, I am not inclined to grant bail to the applicant. Accordingly, the present bail application is rejected. Sd/- (Rakesh Mohan Pandey) Judge Jyoti