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NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR

MCRC No. 2179 of 2026

1 - Bhupendra Patel S/o Faguram Patel Aged About 23 Years R/o Village Dharashiv, Police Station Pamgarh, District Janjgir-

Champa Chhattisgarh ... Applicant

versus

1 - State Of Chhattisgarh Through Station House Officer, Police Station Pamgarh, District Janjgir-Champa Chhattisgarh

... Respondent

For Applicant : Mr. Amit Singh Chauhan, Adv.

For State : Ms. Priya Sharma, P.L.

Hon'ble Shri Justice Sanjay Kumar Jaiswal

Order on Board

25/03/2026

1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 453/2024 registered at Police Station – Pamgarh, District Janjgir-Champa (C.G.), for the offence punishable under Sections 137(2), 87, 64, 64(2)(M),

65(1) of BNS and Sections 4 and 6 of POCSO Act.

2. As per the prosecution’s case, it is alleged against the present applicant that on 26.10.2024, the applicant took the minor victim into his possession and, from 10.10.2024

Digitally signed by HEERAHEERA LAL LAL SAHU SAHU D 20 a 2 te 6 : .03.25

17:27:37 +0530

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to 31.07.2025, committed sexual intercourse with her again and again at different times. Based on this, offence has

been registered against the present applicant.

3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He further submits that there are a total of 18 listed witnesses in this case, out of which 3 witnesses, including the victim and her father, have been examined. The victim has turned hostile, and she was major at the time of the incident; she has a baby. The applicant is in jail since 01.08.2025, and the trial is likely to take considerable time to conclude. Therefore, he prays for the grant of

regular bail to the applicant.

4. On the other hand, learned counsel for the State opposed the bail application and submits that the victim was minor at the time of the incident; in the MLC report, the victim was found four months pregnant; therefore, he may not be

enlarged on bail.

5. The victim along with her father-in-law appeared through video conferencing from the concerned DLSA and recorded

no objection to grant of bail to the applicant.

6. I have heard learned counsel appearing for the parties and perused the case diary.

7. Considering the facts and circumstances of the case and looking to the statement of the victim and her father and also considering the fact that the applicant is in custody since 01.08.2025, and the trial is likely to take considerable time, therefore, at this stage, without commenting on merits of the case, I am inclined to release the applicant on

bail.

8. Accordingly, the application is allowed and it is directed that the applicant shall be released on bail on his furnishing a personal bond in the sum of Rs. 25,000/- with

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one surety in the like sum to the satisfaction of the trial Court. The applicant is directed to appear before the trial Court on each and every date to be given to him by the said Court till disposal of the trial. It is made clear that any observation made by this Court in this order shall not affect

the trial of the case.

9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and

compliance forthwith.

Sd/-

(Sanjay Kumar Jaiswal)

Judge

H.L. Sahu