Extracted from the PDF above. The PDF is authoritative.
1
2026:CGHC:17660
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3165 of 2026 Mohammed Saufiq S/o Abdul Salam Aged About 20 Years R/o Ward No. 04, Subhash Nagar, Bhanpuri, Police Station Khamtarai, Distt Raipur Chhattisgarh
... Applicant versus State Of Chhattisgarh Through Station House Officer Police Station Khamtarai, District Raipur Chhattisgarh
---- Respondent (Cause title is taken from the CIS) ___________________________________________________________ For Applicant : Mr. C.R. Sahu, Advocate For State-Respondent : Mr. Afroz Khan, PL ___________________________________________________________ Hon'ble Shri Justice Sanjay Kumar Jaiswal
Order on Board 17/04/2026
1. This is the first bail application filed under Section 483 of the BNSS, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No.1081/2025 registered at Police Station Khamtarai, District Raipur (C.G.), for the offence punishable under Sections 137(2), 87, 64(2)(M) of BNS and Section 5(L)/6 of the POCSO Act.
2
2. The case of prosecution in brief is that, on 02.10.2025, the complainant, who is the father of the prosecutrix, lodged a report before the Police Station- Khamtarai stating that his daughter, aged about 16 years and 08 months, had gone missing from their house. It is alleged that the accused had been interacting with and influencing the prosecutrix prior to the incident. On the date of occurrence, the accused, with dishonest intention, enticed and induced the prosecutrix, who is a minor, and took her away from the lawful guardianship of her parents. The complainant made efforts to search for his daughter, but could not trace her, which led to the lodging of the present FIR. On the basis of these allegations, the case has been registered.
3. Learned counsel for the applicant contended that the applicant is an innocent and has been falsely implicated in the said case. He further contended that the dispute has been arose only on the ground of Hindu -Muslim Religious society having enmity with the applicant and made pressure by Bajrang Dal again the complainant made conspiracy against the applicant to implicate in a false case due to which the applicant belongs to other religion, therefore, he has been falsely roped in a case. Lastly, he contended that the applicant is in jail since 07.10.2025 and the trial will take considerable time for its conclusion, therefore, the applicant may be released on bail.
4. Learned State Counsel opposes the submission made by
learned counsel for the applicant and submits that at the time of
3 incident, the victim was minor and as per medical report, her hymen was ruptured, therefore, it is prayed that the applicant may not be released on bail.
5. Pursuant to order dated 08.04.2026, victim and her father appeared through virtual mode from the DLSA- Raipur. On being asked, they raised objection to release the applicant on bail.
6. I have heard learned counsel for the parties and perused the case diary.
7. Considering the facts of the case, submission made by learned counsel for the parties. From the bare perusal of the case diary, it is revealed that 07 witnesses have been examined out of 18 witnesses. Further considering the nature and gravity of offence, granting bail to the accused/applicant does not appear to be justified.
8. Accordingly, the bail application of the applicant stands rejected.
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 Vasant