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2026 DAILYLAW 7946 (CHH)

NAVARATRI MARKAM v. STATE OF CHHATTISGARH

MCRC/1510/2026 · 2026-02-24

Shri Sanjay Kumar Jaiswal

body2026

Judgment text

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1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1510 of 2026 Navaratri Markam D/o Shri Budhram Markam Aged About 19 Years R/o Village Ghutkel, Thana Borai, District- Dhamtari Chhattisgarh ... Applicant versus State Of Chhattisgarh Through- Station House Officer, Police Station Borai, District- Dhamtari, Chhattisgarh ... Respondent For Applicant : Mr. Shreyansh Pathak, Advocate For Respondent/State : Mr. Sumit Singh, Dy. A.G. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order On Board 25.02.2026 1. The victim is not connected through virtual mode from the concerned DLSA though notice has been served. 2. This is the second 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.02/2025 registered at Police Station Borai, District Dhamtari (CG) for offence punishable under Sections 137(2), 87, 65(1), 3(5) BHOLA NATH KHATAI Digitally signed by BHOLA NATH KHATAI Date: 2026.02.26 10:37:16 +0530 2 of BNS and Section 18 of Protection of Children from Sexual Offences Act, 2012. 3. The first bail application was rejected on merits by this Court vide order dated 10.07.2025 in MCRC No.4657/2025. At that stage, trial had not commenced. 4. The allegation against the present applicant is that he provided a mobile phone to the minor victim to talk with co-accused Rooplal Patel. It is also alleged that the applicant took the victim to the main accused who committed sexual intercourse with her on the pretext of marriage. Subsequently, on the report being made in this regard, the applicant was arrested on 23.05.2025. 5. Learned counsel for applicant submits that the victim was recovered from the possession of main accused Rooplal Patel and the present applicant was not involved in commission of the said offence. Co-accused Chaman Kuldeep has already been granted bail by this Court vide order dated 04.12.2025 in MCRC No.9721/2025. He further submits that out of total 18 prosecution witnesses only 8 have been examined, the applicant is a female, she has been in custody since 23.05.2025 and there is no likelihood of the trial to be concluded at the earliest. Therefore, considering all these facts the applicant may be released on bail. 6. Learned State counsel, on the other hand, opposing the bail application submits that the victim was minor at the time of incident and considering the nature of offence, the applicant does not deserve to be released on bail. 3 7. Heard learned counsel for the parties and perused the case diary. 8. Taking into consideration the entire facts and circumstances of the case, particularly the fact that the main accused is Rooplal Patel, the applicant is a female, co-accused Chaman Kuldeep has already been granted bail by this Court and also considering the fact that out of 18 prosecution witnesses only 8 have been examined, the applicant is in jail since 23.05.2025 and there is all possibility of the trial taking considerable time for its final conclusion, this Court is of the opinion that prima facie, a case for grant of bail to the applicant has been made out. 9. Accordingly, the application for grant of bail is allowed. It is directed that the present Applicant shall be released on bail on her furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court. The applicant is directed to appear before the trial Court on each and every date to be given to her by the said Court till completion of the trial. 10. 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