JAGAT BAHADUR SINGH vs STATE OF CHHATTISGARH

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GOURI
MUDALIAR

CGHC010295792026 2026:CGHC:39244
Digitally signed
by GOURI
MUDALIAR
Date: 2026.09.09
10:56:59 +0530
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 7081 of 2026
Jagat Bahadur Singh S/o Jaymangal Singh Gond Aged About 24 Years
R/o Village Ohaniya P.S. Janakpur, District- Manendragarh- Chirmiri-
Bharatpur (C.G.)
... Applicant
versus
State Of Chhattisgarh Through Police Station Janakpur, District-
Manendragarh- Chirmiri- Bharatpur (C.G.)
... Respondent
For Applicant : Shri Hemant Kumar Agrawal, Advocate.
For
: Shri Afroj Khan, PL
Respondent/State

SB: Hon'ble Shri Parth Prateem Sahu, Judge
Order on Board
07/09/2026
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.101/2026 registered at Police Station Janakpur, District-
Manendragarh- Chirmiri- Bharatpur (C.G.) for the offence

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punishable under Sections 137(2), 64(2)(m) of BNS and Sections 4 & 6
of POCSO Act.
2. Case of the prosecution, in brief, is that, father of the minor victim,
lodged a report alleging that accused applicant on the pretext of
marrying his minor daughter, repeatedly subjected her to sexual
intercourse, as a result of which she became pregnant and
subsequently gave birth to a child. On the basis of the said report, an
FIR bearing Crime No. 101/2026 was registered at Police Station
Janakpur on 23.05.2026 against accused applicant for the offences
punishable under Sections 137(2) and 64(2)(m) of the Bharatiya Nyaya
Sanhita, 2023 and Sections 4 and 6 of the Protection of Children from
Sexual Offences Act, 2012.
3. Learned counsel for the applicant submitted that the applicant has
been falsely implicated in this crime, he has not committed any offence.
He would submit that during the course of trial, victim has now been
examined before the trial court and in her statement she stated her age
to be 20 years and has further not supported the case of the
prosecution. He would submit that the applicant is in jail since
07/07/2026 and conclusion of trial may take some time and hence he
may be granted bail.
4. On the other hand, learned State counsel would oppose the
submission of learned counsel for the applicant and would submit that
according to the documents available in the charge sheet victim is
aged about 16 years and 6 months. He submits that there is specific
allegation of sexual intercourse with the minor victim in her statement
recorded by the police. He however submits that the submission made

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by learned counsel for the applicant based on the deposition of the
victim is subject matter of appreciation by the trial court.
5. Victim and her father appeared through virtual mode and have stated
that they have no objection in grant of bail to the applicant.
6. At this stage, learned counsel for the applicant also submits that he has
filed the copy of deposition sheet today.
7. I have heard learned counsel for the parties and perused the materials
available on record.
8. Taking into consideration the facts and circumstances of the case,
submission of learned counsel for the parties, materials available on
record, nature of allegation, period of detention of the applicant since
07/07/2026 and also considering the fact that trial is likely to take some
time for its conclusion, without commenting anything on the merits of
the case, I am inclined to allow this bail application.
9. Accordingly, the bail application is allowed. It is directed that the
applicant shall be released on regular bail, upon furnishing a bail bond
in the sum of Rs.25,000/- with one surety in the like sum to the
satisfaction of the Court on the conditions that-
(i) The applicant shall file an undertaking to the effect
that he shall not seek any adjournment on the dates
fixed for evidence when the witnesses are present in
court. In case of default of this condition, it shall be
open for the trial court to treat it as abuse of liberty of
bail and pass orders in accordance with law.
(ii) The applicant shall remain present before the trial
court on each date fixed, either personally or through

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his counsel. In case of his absence, without sufficient
cause, the trial court may proceed against him under
Section 269 of Bharatiya Nyaya Sanhita.
(iii) In case, the applicant misuses the liberty of bail
during trial and in order to secure his presence,
proclamation under Section 84 of BNSS. is issued and
the applicant fails to appear before the court on the date
fixed in such proclamation, then, the trial court shall
initiate proceedings against him, in accordance with law,
under Section 209 of the Bharatiya Nyaya Sanhita.
(iv) The applicant shall remain present, in person,
before the trial court on the dates fixed for (i) opening of
the case, (ii) framing of charge and (iii) recording of
statement under Section 351 of BNSS. If in the opinion
of the trial court absence of the applicant is deliberate or
without sufficient cause, then it shall be open for the trial
court to treat such default as abuse of liberty of bail and
proceed against him in accordance with law.
10. Office is directed to send a certified copy of this order to the trial Court
concerned for necessary information and compliance.
Sd/-
(Parth Prateem Sahu)
Judge

gouri