Digitally signed by ALLENA ALLENA ANNAJEE ANNAJEE RAO RAO Date:

2026.02.20

15:23:11 +0530

2026:CGHC:9135 HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1226 of 2026 Tej Kumar Thakur @ Jiteshwar Thakur S/o Subhash Singh Thakur, Aged About 25 Years R/o Kalangpur, Bhatapara, Ward No.03, Police Station Ranchirai District- Balod (C.G.) ... Applicant versus State of Chhattisgarh through the Station House Officer, Police Of Police Ranchirai District- Balod (C.G.) ... Respondent For the applicant : Mr. Shikhar Sharma, Advocate For the State : Mr. Akash Agrawal, Panel Lawyer (Hon’ble Shri Justice Sanjay Kumar Jaiswal)

Order on Board

20.02.2026

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. 87/2025 registered at Police Station Ranchirai, District Balod for the offence punishable u/s 137(2), 87, 64(2)(m), 65(1) of BNSS 2023 and Sections 4 & 6 of the Protection of Children from Sexual Offences Act.

2. As per the prosecution case, the mother of victim made a complaint alleging that the present applicant had several times established sexual relations with her daughter from 03.03.2024 to 02.03.2025 as a result of which she became pregnant. On the basis of said report, FIR was registered on 15.07.2025.

3. Learned counsel for the applicant refers to the court statements of victim and her father and submits that the prosecutrix is a major lady; applicant performed marriage with her with the consent of family members of the victim; both they had resided in his house for a considerable time thereby she became pregnant and she was consenting party, therefore, no offence is made out against the applicant. He further submits that though the prosecutrix is stated to be minor, yet the evidence of her correct age has not been collected by the prosecution to prove that she was minor. He submits that the applicant is in jail since 15.07.2025 and till date out of total 30 witnesses, only 2 witnesses i.e., the victim and her father have been examined and there is remote possibility of early disposal of case, therefore, the applicant may be 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 forcibly committed sexual intercourse and the victim has supported the prosecution case in her police statement.

5. The victim along with her mother and father appeared through VC from the concerned DLSA and they expressed no-objection to granting bail.

6. Having considered the submissions made by learned counsel for the parties and the overall facts and circumstances of the case and further looking to the statement of victim and her father as also looking to the custody of the applicant, without observing anything on the merits of the case, I am inclined to allow this bail application.

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