Research › Search › Judgment

High Court of Chhattisgarh · body

2026 DAILYLAW 7235 (CHH)

NEPAL VISHWAS v. STATE OF CHHATTISGARH

MCRC/2985/2026 · 2026-04-16

Shri Sanjay Kumar Jaiswal

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2026:CGHC:17625 HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2985 of 2026 Nepal Vishwas S/o Kanti Lal Aged About 47 Years R/o Subhashnagar, Ghoshpara, Police Station Gandhinagar, District Surguja Chhattisgarh ... Applicant versus State of Chhattisgarh through Police Station Gandhinagar, District Surguja Chhattisgarh ... Respondent For the applicant : Mr. Anurag Singh, Advocate For the State : Ms. Binu Sharma, Panel Lawyer (Hon’ble Shri Justice Sanjay Kumar Jaiswal) Order on Board 17.04.2026 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. 358/2025 registered at Police Station Gandhi Nagar, District Surguja (C.G) for the offences under Sections 137(2), 87, 65(2), 351(3) of BNS and Section 5 read with section 6 of POCSO Act. 2 As per the prosecution case, the applicant is accused of exploiting a minor victim of 12 years age, forcing her into illicit sexual intercourse, committing rape and threatening to kill her. 3. Learned counsel for the applicant submits that there are extreme inconsistencies in the court statement of victim as the admission made in 2 her cross examination that no incident was caused by the applicant entirely contradicts her version of examination-in-chief. He submits that on the pressure of her parents, the victim has falsely stated against the applicant. He further submits that the applicant is in jail since 28.06.2025; till date out of total 14 witnesses, only 3 have been examined; the I.O. is on long leave and there is no immediate possibility of disposal of the case, therefore, considering the above facts situation, the applicant 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 aged about 12 years and in her court statement she has supported the case of prosecution. He submits that as per the MLC report, injuries were found on victim and further the FSL report also shows the presence of human sperm on her clothes. 5. The victim along with her father has appeared through VC from the concerned DLSA and raised objection in granting bail. 6. Having considered the submissions made by learned counsel for the parties and the over-all facts and circumstances of the case, I am not inclined to release the applicant on regular bail. Accordingly, the bail application is rejected. 7. However, looking to the long custody period of the applicant, the trial Court is directed to conclude the trial as early as possible preferably within a period of 5 months from the date of receipt of copy of this order. 8. A copy of this order be sent to the trial Court for necessary information. Sd/- (Sanjay Kumar Jaiswal) Judge Rao