Extracted from the PDF above. The PDF is authoritative.
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2026:CGHC:17224
HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2884 of 2026 Niranjan Sharma S/o Parmeshwar Mistri Aged About 22 Years R/o Sindho Post- Gumgi P.S.- Tisri District- Giridih Jharkhand, Presently Kotraroad, Soniyanagar, Raigarh Tehsil and District- Raigarh (C.G.) ... Applicant versus State of Chhattisgarh through the Station House Officer, Police Station- Mahila Thana Raigarh, District- Raigarh (C.G.) ... Respondent For the applicant : Mr. Krishna Tandon, Advocate For the State : Mr. Rishabh Bisen, Panel Lawyer (Hon’ble Shri Justice Sanjay Kumar Jaiswal)
Order on Board 15.04.2026
1. This is second bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant in Crime No. 36/2025 registered at Police Station Mahila Thana, District Raigarh (CG) for the offences under Sections 64(2)(m), 115(2) & 351(2) of BNS, 2023 and Section 6 of the POCSO Act.
2. The first bail application has been dismissed by order dated 16.02.2026 passed in MCRC No.33 of 2026.
3. As per the prosecution case, the victim lodged report on 18.11.2025 alleging that she came to be acquainted with the applicant in the year 2023 ALLENA ANNAJEE RAO Digitally signed by ALLENA ANNAJEE RAO Date: 2026.04.16 14:35:03 +0530
2 and in between 06.01.2023 to 27.08.2025, the applicant knowing well that she was minor allured her and established physical relations on the pretext of marriage. When she insisted upon marriage, the applicant refused her. On that report, offence was registered and the applicant has been arrested.
4.
Learned counsel for the applicant submits that that it is clear from the court statement of the victim (paras 17 to 20) that she was a consenting party. The victim has lodged the FIR in the year 2025 and made allegations much after she had attained the age of majority, therefore, no offence is made out against him. He further submits that a compromise has been reached between them that both they want to get married with each other. He submits that the applicant is in jail since 03.12.2025 and there is no immediate disposal of the case, hence looking to the over all facts and circumstances, the applicant may be enlarged on bail.
5. Per contra, learned State Counsel opposes the bail application and submits that the victim has supported the prosecution case in her court statement.
6. The victim is present-in-person before this Court and submits that they want to get married, therefore, she has no objection in granting bail to the applicant.
7. Having considered the submissions made by learned counsel for the parties and looking to the court statement of victim as also the subsequent changing circumstances after the first bail was rejected and further the fact that the trial is yet to take time, without observing anything on the merits of the case, I am inclined to release the applicant on regular bail.
8. Accordingly, this second bail 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. Cc as per rules. Sd/- (Sanjay Kumar Jaiswal) Judge Rao