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2026 DAILYLAW 809 (CHH)

OM PRAKASH BANJARE v. STATE OF CHHATTISGARH

MCRC/544/2026 · 2026-01-27

Shri Sanjay Kumar Jaiswal

body2026

Judgment text

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1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 544 of 2026 Om Prakash Banjare S/o Late Anjori Banjare Aged About 32 Years R/o Dharampur, Police Station Navagarh, District Bemetara (C.G.) ... Applicant versus State Of Chhattisgarh Through - The Station House Officer, Police Of Police Navagarh, District Bemetara (C.G.) ... Respondent For Applicant : Ms. Shweta Bole, Advocate, on behalf of Mr. Anukul Biswas, Advocate For Respondent : Ms. Avleen Juneja, P.L. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order On Board 28.01.2026 1. The victim along with her mother appeared before this Court today through virtual mode from the concerned DLSA and raised objection in granting bail to the applicant. 2. This is the first 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.296/2025 registered at Police Station Navagarh, District Bemetara (CG) for offence punishable under Section 64(1) of BNS and Section 4 of the Protection of Children from Sexual Offences Act. BHOLA NATH KHATAI Digitally signed by BHOLA NATH KHATAI Date: 2026.01.29 11:08:51 +0530 2 3. As per the prosecution case, the allegation against the applicant is that knowing fully well that the victim was a minor, he forcibly committed sexual intercourse with her. On report being lodged in this regard, the applicant was arrested on 07.11.2025. 4. Learned counsel appearing for applicant submits that the applicant is innocent and he has been falsely implicated in this case. She submits that the MLC report is negative and there is no evidence to show that the victim was minor at the time of alleged incident. She further submits that the applicant is in jail since 07.11.2025 and there is no likelihood of the trial to be concluded at the earliest as it has not yet commenced. Therefore, considering all these facts the applicant may be released on bail. 5. Learned State counsel, on the other hand, opposing the bail application submits that the victim was minor on the date of incident and considering the nature of offence, the applicant does not deserve to be released on bail. 6. Heard learned counsel for the parties and perused the case diary. 7. Taking into consideration the entire facts and circumstances of the case, particularly the nature and gravity of offence and the material collected and available on record against the applicant and the fact that the trial has not commenced, this Court is not inclined to release the applicant on bail. 8. Accordingly, the present bail application stands rejected. 9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information. Sd/- (Sanjay Kumar Jaiswal) JUDGE Khatai