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2026 DAILYLAW 6388 (CHH)

CHITRAKANT THAKUR v. STATE OF CHHATTISGARH

MCRC/2986/2026 · 2026-04-12

Shri Sanjay Kumar Jaiswal

body2026

Judgment text

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1 2026:CGHC:17013 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2986 of 2026 1 - Chitrakant Thakur S/o Vishnu Thakur, Aged About 25 Years, R/o Village Pewara, Police Station Gurur, District- Balod (CG). ... Applicant versus 1 - State Of Chhattisgarh Through- Sho, Police Station Gurur, District- Balod (CG). ... Respondent For Applicant : Mr. Avinash Chand Sahu, Advocate appeared through V.C. For State/Respondent : Mr. Dharmesh Shrivastava, Dy.A.G. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order on Board 13/04/2026 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 237/2025 registered at Police Station - Gurur, District-Balod (C.G.), for the offence punishable under Sections 74, 331(2), 351(2), 65(1) of BNS, 2023 and Section 7/8, 3/4(2) of POCSO Act and Section 66(D) of IT Act. 2. The case of the prosecution, in short, is that on 29.11.2025, the mother of the victim lodged a written complaint at the concerned Police Station, stating that the applicant/accused 2 had committed sexual intercourse with her minor daughter on the false pretext of marriage and he had also threatened her daughter to expose her obscene photographs that he had stored on his mobile phone. Based on this complaint, an FIR was registered against the applicant for the aforesaid offence. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the case with no connection to the alleged offence. He further submits that there is a delay of more than 06 months in lodging the FIR without any plausible explanation. He next submits that there was a love affair between the victim and the applicant, therefore, the applicant was falsely implicated regarding committing sexual intercourse with her by parents of the victim. He next submits that the applicant has no criminal antecedents and he is in jail since 29.11.2025 and till date out of a total 24 witnesses only 05 have been examined and there is no immediate possibility of disposal of case, therefore, he may be enlarged on bail. 4. On the other hand, learned counsel for the State opposed the bail application, submitting that at the time of the incident, the victim was a minor, therefore, considering the nature and gravity of offence, the applicant should not be released on bail. 5. The victim along with mother has appeared through VC from the concerned DLSA and raised objection in granting bail to the applicant. 6. I have heard learned counsel appearing for the parties and perused the case diary. 3 7. Considering the facts and circumstances of the case, the nature and gravity of the offence, particularly the statement of the victim and her mother recorded before the trial Court, other material/evidence available in the case diary, further considering that there is a delay in lodging the FIR, detention period of applicant, conclusion of trial may take some time, without commenting anything on merits of the case, I am inclined to allow this bail application. 8. Accordingly, the application is allowed and the applicant is directed to be released on bail on his furnishing a personal bond in sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the trial Court for his appearance before the said Court as and when directed in that behalf. 9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Sanjay Kumar Jaiswal) Judge Sourabh P.