1 2026:CGHC:20089 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3644 of 2026 Nitesh Nayar S/o Damodar Nayar, aged about 30 years, R/o Dewas Road, Lasudiya Mori, P.S. Lasudiya District- Indour (M.P.) ... Applicant Versus State of Chhattisgarh, through Thana In- Charge P.S. Chakradhar Nagar, District- Raigarh (C.G.) ...Non-Applicant (Cause title is taken from CIS) For Applicant : Mr. Rajendra Tripathi, Advocate. For Non-Applicant/State : Ms. Avleen Kaur Juneja, P.L. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order On Board 30.04.2026 1. The applicant has preferred this first bail application under Section 483 of Bhartiya Nagrik Suraksha Sanhita Act, 2023 for grant of regular bail as he is arrested in connection with Crime No. 499/2025, registered at Police Station – Chakradhar Nagar, District- Raigarh (C.G.) for offence punishable under Sections 137(2), 65(1), 87, 238, 3(5) of BNS and Section 6 of POCSO Act. Digitally signed by RAVVA UTTEJ KUMAR RAJU 2 2. As per the prosecution's case, the father of the prosecutrix lodged a missing report at the police station stating that since since 06.11.2025, his minor daughter, had gone missing without informing anyone at home. Despite a search, she couldn't be traced. He suspected that an unknown person had allured and taken her away from their lawful custody without permission leading to the registration of an FIR. On the basis of the said complaint, crime was registered against the applicant. During the investigation, the victim was recovered and the applicant was arrested on 19.11.2025 along with the other co-accused person. 3. Learned counsel for the applicant submits that the victim was in love with the applicant she had voluntarily accompanied the applicant and in this case, one co-accused namely Lal Singh Jadaun has already been granted bail by this Court’s order dated 07.04.2026 passed in MCRC No. 2563 of 2026. Further, upon examination, the victim herself turned hostile, thereby weakening the case against the applicant. He next submits that the applicant is in jail since 19.11.2025 and till date out of a total 16 witnesses, only 03 have been examined and there is no immediate possibility of disposal of case, therefore, 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 (14 to 15 years). However, the present applicant is the main accused in the crime-in-question. 5. The victim appeared through VC before this Court along with her father from the concerned DLSA and raised her objection in granting bail to the applicant. 3 6. Having considered the submissions made by learned counsel for the parties; the overall facts and circumstances of the case, the material available on record and further looking to the age of the victim, and also that the applicant is the main accused, I am not inclined to release the applicant on regular bail. Accordingly, his bail application is rejected. 7. Registry shall send a copy of this order to the trial Court for necessary information and compliance forthwith. Sd/- (Sanjay Kumar Jaiswal) Judge U.K. Raju