Digitally signed by ALLENA ALLENA ANNAJEE ANNAJEE RAO RAO Date:

2026.02.12

15:02:40 +0530

2026:CGHC:7715 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 733 of 2026 Mohan Lakda S/o Sushil Lakda Aged About 19 Years R/o Village Silsila Daadpara, Police-Outpost Raghunathpur, PS Lundra, District Sarguja C.G.

... Applicant versus The State of Chhattisgarh through SHO to P.S. Lundra, District Sarguja C.G. ... respondent For the applicant : Mr. Praveen Soni & Mr. Suraj Kumar Audheliya, Advocate For the State : Mr. K. K. Bahrani, Panel Lawyer.

(Hon’ble Shri Justice Sanjay Kumar Jaiswal)

Order on Board

11.02.2026

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. 0106/2025 registered at Police Station Lundra, District Sarguja (CG) for the offences under Sections 63, 65(1), 69, 137(2) of the BNS 2023 and sections 4 & 6 of the POCSO Act.

2. As per the prosecution case, on 28.05.2025 the father of victim lodged the FIR alleging that an unknown person had taken her away from the lawful custody of the parents. On such report, the crime was registered and during investigation, the victim was recovered and on enquiry, she has stated that the accused had taken her away and committed forcible sexual intercourse with her.

3. Learned counsel for the applicant submits that the victim and her parents have been examined before the trial Court and they have turned hostile and the entire prosecution case was denied by the victim. He further submits that the age of the victim is stated to be 18 years in the court statements of victim and her mother and even the father of victim is not certain in his deposition about his daughter’s age being below 18 years, therefore no offence is attracted under the POCSO Act. He submits that the applicant is in jail since 05.07.2025 and till date out of a total 15 witnesses, only 4 have been examined and and there is no immediate possibility of disposal of case, therefore, he 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 and the applicant had enticed her away and committed rape on her.

5. The victim along with her father has appeared through VC from the concerned DLSA and got recorded no-objection to grant bail.

6. Having considered the submissions made by learned counsel for the parties, over all facts situation of the case and looking to the court statements of the victim and her parents and looking to the custody period of the applicant, without observing anything on the merits of the case, I am inclined to release him on regular bail at this stage.

7. Accordingly, this bail application is allowed and the applicant is directed to be released on bail on his furnishing a personal bond in sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the trial Court for his appearance before the said Court as and when directed in that behalf.

Cc as per rules.

Sd/-

(Sanjay Kumar Jaiswal)

Judge

Rao