1 2026:CGHC:14383 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 180 of 2026 Vijay Raj Nagwanshi S/o Late Shri Ganesh Singh Nagwanshi Aged About 38 Years R/o House Number 28, Yash Town, Tulsipur, Rajnandgaon Tehsil And District Rajnandgoan C.G. ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Bortalab District Rajnandgaon C.G. ... Respondent For Applicant : Shri Aditya Bhardwaj, Advocate. For Respondent/State : Shri Shailendra Sharma, PL. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 25/03/2026 1. Learned State counsel submits that the notice of the bail application has already been served to the complainant i.e. mother of the victim. Despite of notice being served, the complainant is not present either in person or through her counsel GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2026.03.27 12:49:37 +0530 2 or through virtual mode from DLSA, therefore the Court proceeds to hear the matter. 2. This first anticipatory bail application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No.01/2026 registered at Police Station – Bortalab, District Rajnandgaon (C.G) for the offences punishable under Sections 64(1), 61(2), 337, 338, 339, and 318(4) of the Bharatiya Nyaya Sanhita (BNS), Sections 4 and 21 of the POCSO Act, and Section 80 of the Juvenile Justice (Care and Protection of Children) Act (correct as per page no.17) 3. Case of the prosecution, in brief, is that the Mother of the Victim has lodged a Report to the effect that her daughter is a minor and is aged about 15 years, in the month of March her daughter states that she is vomiting and then her mother called for a doctor and the doctor gave some medicine for Stopping Vomiting and then she recovered then in the Month of September she stated to her mother that her stomach is aching and she is feeling like something is happening in her stomach then her mother told to her family members then they took her to the Private Hospital and they came to know that the Victim is Pregnant, when asked from the Victim she stated that she is in a relationship with a Boy who is also a Minor Namely Aditya Verma they both used to study together in the School but after failing in class 9th the boy left the school and they used to text each other and they both have made 3 physical relations with each other and because of that she is pregnant when her Relatives Dewar and Dewarani took her to the Private Hospital Namely Kumud Mohabe Hospital, she delivered a Boy Child and the Hospital Staff in collusion with other person gave that child illegally for adoption to other co-accused Ravi Barve and Meena Barve who are the resident of Durg and her Birth Certificate was forged. The present applicant, Vijay Raj Nagvanshi, despite knowing the victim was a 15-year-old minor and being aware of the sexual exploitation, did not lodge any formal complaint. The evidence suggests his involvement in a scheme to give false information, prepare a sworn affidavit, and criminally conspire with hospital staff to create official documentation for the child born from the assault, thereby playing a significant role in the alleged offences. 4. Learned counsel for the applicant that the applicant, Dr. Vijay Raj Nagvanshi is merely a part-time duty doctor and neither conducted the delivery nor issued any birth certificate. He would submit that there is no allegation that he performed any medical procedure or created any false medical record. It is further submitted that the applicant did not derive any financial or material benefit, and there is no element of trafficking or illegal gain. His conduct does not indicate participation in any criminal conspiracy but rather reflects a bona fide act under a mistaken belief. He would submit that the applicant is a permanent resident of address shown in the cause title of the bail application and 4 undertakes to cooperate with the investigation, therefore, he submits that the present applicant is entitled to be released on anticipatory bail. 5. On the other hand, learned State counsel, appearing for the non - applicant/State, opposes the prayer for grant of anticipatory bail. 6. I have heard learned counsel for the parties and perused the materials available on record. 7. Considering the facts & circumstances of the case, submission of learned counsel for the parties, materials available on record, considering the nature of allegation levelled against the applicant who is a doctor and also considering the fact that investigation and trial are likely to take some time, without commenting anything on the merits of the case, I am inclined to grant anticipatory bail to the present applicant. 8. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Vijay Raj Nagwanshi, on executing a personal bond and one surety in the like sum to the satisfaction of the arresting Officer, he shall be released on bail on the following conditions:- (a) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court. 5 (b) The applicant shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) The applicant shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial. (d) The applicant and the surety shall submit a copy of his adhaar card along with a coloured postcard full size photo having printed the adhaar number on it, which shall be verified by the trial Court. (e) The applicant shall not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) Chief Justice gouri