1 CGHC010263222026 2026:CGHC:42280 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6168 of 2026 1 - Munna Baghel S/o Late Roopsay Baghel Aged About 25 Years R/o Village Ghotiya, Police Chowki Ghotiya, P.S. Lohandiguda, Distt. Bastar, Chhattisgarh. --- Applicant versus 1 - State Of Chhattisgarh Through The Police Station Lohandiguda, Distt. Bastar, Chhattisgarh. ... Non-applicant For Applicant : Mr. P.K. Tulsyan Advocate For Non-Applicant : Ms. Ankita Shukla, P.L. Hon’ble Shri Justice Rakesh Mohan Pandey Order on Board 29.09.2026 1. Heard. 2. The victim appeared along with her mother through Video Conferencing and raised serious objection for grant of bail to the present applicant. 3. This is the First bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the REKHA SINGH Digitally signed by REKHA SINGH DN: cn=REKHA SINGH, ou=HIGH COURT, o=HIGH COURT OF CHHATTISGARH, st=Chhattisgarh, c=IN Date: 2026.09.30 10:18:30 +0530 2 applicant who has been arrested in connection with Crime No. 72/2025 registered at Police Station Lohandiguda, District Bastar (C.G.) for the offence punishable under Sections 61(1) & 64(2)(m) of the Bhartiya Nyaya Sanhita, 2023 and Section 4 & 6 of the POCSO Act. 4. As per the prosecution story, a written report was lodged by the sister of the victim, alleging that the present applicant had abducted and sexually assaulted the victim. Accordingly, an FIR was registered. The victim was recovered on the same day and the applicant was arrested on 01.01.2026. 5. Learned counsel for the applicant would submit that, on the date of the incident, the age of the victim was more than 18 years and there was an affair between the applicant and the victim. He would further submit that the applicant and the victim visited various places between 27.12.2025 and 31.12.2025. He would also submit that the victim has already been examined and, in her deposition, she has stated that she was never sexually exploited by the present applicant during her stay in his company. He would contend that the applicant has no criminal antecedents; he is in jail since 01.01.2026 and conclusion of the trial may take some time, thus, he prays for grant of regular bail to the present applicant. 6. On the other hand, learned State counsel opposes the bail application of the present applicant and submits that, on the date of the incident, the age of the victim was 17 years and six months. She would further submit that the victim has made serious allegations of sexual assault against the present applicant in her statement recorded under Section 3 183 of the BNSS and, therefore, his bail application deserves to be dismissed. 7. I have heard learned counsel for the parties and perused the case diary. 8. Having considered the fact that the victim has already been examined and has not supported the case of the prosecution with regard to the allegation of sexual assault, and further considering that the applicant is in jail since 01.01.2026 and has no criminal antecedents, without expressing any opinion on the merits of the case, I am of the opinion that the applicant is entitled to be released on bail in this case. Accordingly, the bail application is allowed. 9. It is directed that in the event of the applicant executing a personal bond for a sum of Rs. 50,000/- each 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:- (a) he shall make himself available for interrogation by the police officer as and when required; (b) 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; and (c) he shall not act in any manner which will be prejudicial to a fair and expeditious trial. The observation made hereinabove is for the purpose of deciding 4 this bail application only, the learned trial Court shall decide the case on its own merits. The deciding this bail application only, the learned trial Court shall decide the on its own merits. Sd/- - Sd/- (Rakesh Mohan Pandey) JUDGE Rekha