1 2026:CGHC:11682 HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1999 of 2026 Prem Gond S/o Kamal Gond Aged About 21 Years R/o Nandini Khundini, P/s Nandini Nagar, Ahiwara, District- Durg (C.G.) ... Applicant versus State of Chhattisgarh through P.S. Chhura, District - Gariyaband (C.G.) ... Respondent For the applicant : Mr. Lukesh Kumar Mishra & Mr. Vinay Nagdev, Advocates For the State : Ms. Priya Sharma, Panel Lawyer, for the State. (Hon’ble Shri Justice Sanjay Kumar Jaiswal) Order on Board 11.03.2026 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. 189/2025 registered at Police Station Chhura, District Gariyaband (CG) for the offences under Sections 137(2). 64(2)(m), 87 of the BNS read with Sections 4 & 6 of the POCSO Act. 2. As per the prosecution case, on 07.12.2025 the complainant lodged a missing report of his minor daughter aged about 17 years 7 days stating that an unknown person had taken away his daughter from their lawful custody, on which, crime number was registered ALLENA ANNAJEE RAO Digitally signed by ALLENA ANNAJEE RAO Date: 2026.03.12 17:08:16 +0530 2 and during investigation, the victim was recovered on 31.12.2025 and the applicant was arrested on 01.01.2026. 3. Learned counsel for the applicant submits that it is clear from the victim’s statement recorded u/s 183 of BNS that the existence of consensual relations between her and the applicant was categorically admitted by the victim. He further submits that although the victim is shown to be minor girl of aged about 17 years, yet the evidence of correct age has not been collected by prosecution. The medical report also does not support the case of prosecution regarding forcible sexual intercourse. He next submits that there are total 24 prosecution witnesses in this case; the trial has not yet commenced; the applicant is in jail since 01.01.2026 and there is no immediate possibility of disposal of case, therefore, he may be enlarged 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 she has supported the case of prosecution. 5. The victim along with her mother & father has appeared through VC from the concerned DLSA and raised objection to grant bail to the applicant. 6. Having considered the submissions made by learned counsel for the parties and the over-all facts and circumstances of the case, as also the fact that the trial has not yet commenced, I am not inclined to release the applicant on regular bail, at this stage. Accordingly, the bail application is rejected. Sd/- (Sanjay Kumar Jaiswal) Judge Rao