1 2026:CGHC:17626 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3111 of 2026 Birendra Markam S/o Late Bidesh Markam Aged About 22 Years R/o Sambalpur, Police Station Kundai, District- Navrangpur, (Odisha) (Description mentioned as per charge sheet) ... Applicant versus State of Chhattisgarh through- the Station House Officer, Police Of Police Station Sihawa, District- Dhamtari (CG) ... Respondent For the applicant : Mr. Gunja Taram, Advocate, on behalf of Mr. Anil Gulati, Advocate For the State : Mr. Aman Tamrakar & Mr. Siddhant Tiwari, PLs (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. 28/2025 registered at Police Station Sihawa, District Dhamtari .. (CG) for the offences under Sections 137(2), 87, 65(1) of BNS and 6 of the Protection of Children from Sexual Offences Act, 2012. 2 As per the prosecution case, on 12.04.2025 complainant had lodged the report alleging that his minor daughter was taken away by the present applicant from the lawful custody of her parents, on which, missing person’s case was registered and during investigation, the victim was ALLENA ANNAJEE RAO Digitally signed by ALLENA ANNAJEE RAO Date: 2026.04.20 11:45:55 +0530 2 recovered on 01.05.2025 from the possession of the applicant in Tamilnadu. 3. Learned counsel for the applicant submits that from court statement of victim, it is clear that there was love affairs between the victim and applicant; she had voluntarily accompanied the applicant and visited different places with him and both they have resided together as wife and husband for a considerable period, therefore, she was a consenting party. Though the victim is shown to be minor, yet the evidence of her correct age has not been proved by the prosecution. He submits that the applicant is in jail since 04.05.2025; till date out of total 13 witnesses, only 7 have been examined and there is no immediate possibility of disposal of the case, therefore, looking to his long custody, 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 13- 14 years and in her court statement she has supported the case of prosecution. The trial is in progress. 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. 8. A copy of this order be sent to the trial Court for necessary information. Sd/- (Sanjay Kumar Jaiswal) Judge Rao