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2026 Supreme(Online)(Chh) 8882

HIGH COURT OF CHHATTISGARH AT BILASPUR
Sanjay Kumar Jaiswal, J
Sanatan Bada Alias Chhotu – Appellant
Versus
State Of Chhattisgarh – Respondent
MCRC No. 2681 of 2026



Advocates:
For the Appellants/Petitioners: Kamlesh Patel
For the Respondents: Afroz Khan

In cases of serious offences involving minors, particularly sexual offences, the gravity of the crime and the victim's supporting statement outweigh the applicant's plea for bail.

Headnote:(A) Bail - Regular Bail - Gravity of Offence - In cases involving sexual offences against minors, where the victim's statement supports the prosecution and the nature of the crime is grave, the applicant is not entitled to bail. (Para 7)

Issues: Whether the applicant is entitled to regular bail considering the nature of the offence and the victim's statement.

Order On Board

1. The victim and her father appeared before this Court on 01.04.2026 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.365/2025 registered at Police Station - Sitapur, District- Sarguja (CG) for offence punishable under Sections 137(2), 87, 64/54 of BNS and Section 6 r/w section 17 of Protection of Children from Sexual Offences Act, 2012.

3. As per the prosecution case, on 06.09.2025, the applicant and co-accused Prakash Majhwar picked up the minor victim from High School, Bandana, on a motorcycle. They allegedly took her to village Chhuripath and left her at the house of another co- accused, Ram Prakash Ekka. It is further alleged that Ram Prakash Ekka committed sexual intercourse with her on the pretext of marriage. Based on the report lodged by the father of the victim, the applicant was arrested on 16.09.2025.

4. Learned counsel for applicant submits that the applicant is innocent and has been falsely implicated in this case. He submits that the only allegation against the applicant is that he along with co-accused Prakash, allegedly took the victim on a motorcycle and left her at the house of co-accused Ram Prakash Ekka. The applicant has not committed the said offence. He further submits that out of total 21 witnesses, only the victim & her father have been examined so far, the applicant is in jail since 16.09.2025 and there is no likelihood of the trial to be concluded at the earliest. Hence, considering all these facts, the applicant may be released on bail. In support of his contention, he relied upon a bail application decided by this Court on 02.03.2026 in MCRC No.1676/2026 ( Gulshan Taigor v. State of Chhattisgarh ).

5. Learned State counsel, on the other hand, opposing the bail application submits that the victim was minor at the time of incident, she has supported the case of prosecution 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 court statement of the victim and her age and also considering the nature and gravity of offence and the material collected and available on record against the applicant, 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.

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