AJAY SINGH RAJPUT vs STATE OF CHHATTISGARH

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CGHC010308812026 2026:CGHC:44683
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 7501 of 2026
1 - Ajay Singh Rajput S/o Shri Gurudev Singh Rajput Aged About 25
Years R/o Village - Bachhalikhurd, Police Station - Ratanpur, District
Bilaspur Chhattisgarh
… Applicant
versus
1 - State Of Chhattisgarh Through Station House Officer, Police Station
- Ratanpur, District Bilaspur Chhattisgarh
... Non-applicant
For Applicant : Mr. Akash Singh, Advocate
For Non-applicant
: Ms. Laxmeen Kashyap, P.L.
/State
Hon’ble Shri Justice Rakesh Mohan Pandey
Order on Board
15/10/2026
1. The applicant has preferred this First Bail Application under Section
483 of the BNSS, 2023 for grant of regular bail, as he has been
arrested in connection with Crime No. 12/2026, registered at Police
Station Ratanpur, District – Bilaspur (C.G.) for offence punishable

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under Sections 137(2), 87 and 64(2)(m) of BNS; Section 5(L)/6 of
POCSO Act and Section 3(2)(v) of the SC/ST (Prevention of
Atrocities) Act, 1989.
2. As per the case of the prosecution, a missing complaint was lodged
by the mother of the minor victim on 04/01/2026 and subsequently,
the victim was recovered on 13/01/2026 from Ambikapur wherein
she was found in the company of the applicant. Her statement
under Section 183 of BNSS was recorded wherein she has stated
that the present applicant sexually assaulted her on the pretext of
marriage on many occasions. On the basis of such complaint, the
police arrested the present applicant and registered the aforesaid
offence against him.
3. Mr. Akash Singh , learned counsel for the applicant, would argue
that on the date of the incident, the age of the victim was more than
18 years and there was a love affair between the applicant and the
victim and the victim herself accompanied the applicant and they
stayed together in Ambikapur for a considerable period. He would
further contend that victim has already been examined before the
trial Court and there are certain contradictions and omissions in her
deposition. He would further submit that there is no previous
criminal antecedent of the applicant, the investigation has been
completed and charge-sheet has already been filed and the
applicant is in jail since 14/01/2026, thus, the appellant be released
on bail as conclusion of trial is likely to take some time.

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4. On the other hand, Ms. Laxmeen Kashyap, learned counsel
appearing for the non-applicant/State, would oppose the bail
application and submit that at the time of the incident, the victim
was aged about 17 years and 4 months and therefore, the
contention of consent of the victim would be irrelevant as she was a
minor. She would lastly submit that serious allegations have been
levelled against the applicant with regard to sexual assault of the
minor victim in her statement under Section 183 of BNSS as well as
in her deposition before the trial Court, therefore, he is not liable to
be released on bail.
5. Victim’s mother appeared before this Court through video
conferencing from the concerned District Legal Services Authority
(DLSA) and raised serious objection in grant of bail to the applicant.
6. I have heard learned counsel appearing for the parties and perused
the case diary as well as the material available on record.
7. It is a well-settled principle of law that, while considering a bail
application, the High Court cannot conduct a mini-trial or undertake
a detailed examination of the evidence. The assessment of the
reliability and credibility of the victim’s deposition, as well as the
testimony of other prosecution witnesses, falls within the domain of
the trial Court and is to be undertaken during the course of trial.
8. Thus, having considered the fact that on the date of the accident,
the age of the victim was below 18 years and in her statement
under Section 183 of BNSS, she has made serious allegations of

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sexual assault against the present applicant and further in her
deposition before the trial Court, she has categorically stated that
on the pretext of marriage, the applicant herein sexually assaulted
her on various occasions, I am not inclined to release the present
applicant on bail.
9. Accordingly, this bail application filed by the applicant – Ajay Singh
Rajput who has been arrested in connection with Crime
No.12/2026, registered at Police Station Ratanpur, District –
Bilaspur (C.G.) for offence punishable under Sections 137(2), 87
and 64(2)(m) of BNS; Section 5(L)/6 of POCSO Act and Section
3(2)(v) of the SC/ST (Prevention of Atrocities) Act, 1989 is hereby
rejected .
Sd/-
(Rakesh Mohan Pandey)
JUDGE
Harneet