1 2026:CGHC:16205 HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2848 of 2026 Kheer Sagar Chouhan S/o Dhajaram Chouhan Aged About 27 Years R/o Village- Regda, P.S. Chakradhar Nagar, District- Raigarh, C.G. (Wrongly Mention In Order Sheet Father Name Dhwaja Ram Chouhan, Age Correct As Per Annexure A-1 Page No. 07) ... Applicant versus State of Chhattisgarh through the Police Station Chakradhar Nagar, District- Raigarh, C.G. ... Respondent For the applicant : Mr. Rajat Agrawal, Advocate For the State : Ms. Laxmin Kashyap, Panel Lawyer (Hon’ble Shri Justice Sanjay Kumar Jaiswal) Order on Board 08.04.2026 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. 410/2025 registered at Police Station Chakradhar Nagar, District Raigarh (CG) for the offences under Sections 137(2), 87, 64(2)(m) of the BNS 2023 and Section 6 of the POCSO Act. 2. As per the prosecution case, on 13.09.2025 complainant lodged a report stating that on 12.09.2025 his minor daughter aged about 17 years and 4 months went to sleep in their home and at about 1.30 a.m, when they woke up, the victim was not found present on her ALLENA ANNAJEE RAO Digitally signed by ALLENA ANNAJEE RAO Date: 2026.04.09 14:32:18 +0530 2 bed. After searching the girl, when they could not trace out the girl, a report was lodged that some unknown person had allured and taken his minor daughter. During investigation the victim was recovered on 31.01.2025 from the possession of the present applicant at Korba. After recording the statement of victim, crime was registered against the applicant. 3. Learned counsel for the applicant submits that the victim had voluntarily accompanied the applicant and both of them resided together in a rented house as wife and husband for a considerable time, therefore, she was consenting party. He further submits that although the victim is shown to be minor yet the evidence of her correct age has not been collected by the prosecution. He submits that the applicant is in jail since 01.02.2026; charge has not been framed 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. 5. The victim along with her father has 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 overall facts and circumstances of the case especially the fact that trial has not yet commenced, I am not inclined to release the applicant on regular bail. Accordingly, this bail application is rejected. Sd/- (Sanjay Kumar Jaiswal) Judge Rao 3