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2026 DAILYLAW 6494 (CHH)

SANATAN BADA ALIAS CHHOTU, v. STATE OF CHHATTISGARH

MCRC/2681/2026 · 2026-04-12

Shri Sanjay Kumar Jaiswal

body2026

Judgment text

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1 2026:CGHC:17006 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2681 of 2026 Sanatan Bada Alias Chhotu S/o Ganjahu Ram Bada, Aged About 20 Years R/o Village Udumkela Jangalpara, PS Sitapur, District Sarguja (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through Police Station- Sitapur, District- Sarguja (C.G.) ... Respondent(s) For Applicant : Mr. Kamlesh Patel, Advocate For Respondent/State : Mr. Afroz Khan, P.L. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order On Board 13.04.2026 1. The victim and her father appeared before this Court on 01.04.2026 through virtual mode from the concerned DLSA and raised objection in granting bail to the applicant. 2. This is the first bail application filed u/s 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No.365/2025 BHOLA NATH KHATAI Digitally signed by BHOLA NATH KHATAI Date: 2026.04.15 10:59:49 +0530 2 registered at Police Station - Sitapur, District- Sarguja (CG) for offence punishable under Sections 137(2), 87, 64/54 of BNS and Section 6 r/w section 17 of Protection of Children from Sexual Offences Act, 2012. 3. As per the prosecution case, on 06.09.2025, the applicant and co-accused Prakash Majhwar picked up the minor victim from High School, Bandana, on a motorcycle. They allegedly took her to village Chhuripath and left her at the house of another co- accused, Ram Prakash Ekka. It is further alleged that Ram Prakash Ekka committed sexual intercourse with her on the pretext of marriage. Based on the report lodged by the father of the victim, the applicant was arrested on 16.09.2025. 4. Learned counsel for applicant submits that the applicant is innocent and has been falsely implicated in this case. He submits that the only allegation against the applicant is that he along with co-accused Prakash, allegedly took the victim on a motorcycle and left her at the house of co-accused Ram Prakash Ekka. The applicant has not committed the said offence. He further submits that out of total 21 witnesses, only the victim & her father have been examined so far, the applicant is in jail since 16.09.2025 and there is no likelihood of the trial to be concluded at the earliest. Hence, considering all these facts, the applicant may be released on bail. In support of his contention, he relied upon a bail application decided by this Court on 02.03.2026 in MCRC No.1676/2026 (Gulshan Taigor v. State of Chhattisgarh). 3 5. Learned State counsel, on the other hand, opposing the bail application submits that the victim was minor at the time of incident, she has supported the case of prosecution and considering the nature of offence, the applicant does not deserve to be released on bail. 6. Heard learned counsel for the parties and perused the case diary. 7. Taking into consideration the entire facts and circumstances of the case, particularly the court statement of the victim and her age and also considering the nature and gravity of offence and the material collected and available on record against the applicant, this Court is not inclined to release the applicant on bail. 8. Accordingly, the present bail application stands rejected. 9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information. Sd/- (Sanjay Kumar Jaiswal) Khatai JUDGE