UDAY RAJ vs STATE OF CHHATTISGARH

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CGHC010304572026 2026:CGHC:44998
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
KUNAL
DEWANGAN
Digitally
signed by
KUNAL
DEWANGAN
MCRC No. 7290 of 2026
Uday Raj S/o Bahoran Singh, Aged About 35 Years Resident Of Village
Basaha, Police Station Sipat District Bilaspur, Chhattisgarh.
... Applicant(s)
versus
State Of Chhattisgarh Through Police Station Pali, District Korba,
Chhattisgarh.
... Non-Applicant(s)
For Applicant : Mr. Anshul Tiwari, Advocate.
For Non-Applicant/State : Ms. Monika Thakur, Panel Lawyer.
For Objector : Mr. Aniket Pandey, Advocate.
Hon'ble Mr. Rakesh Mohan Pandey, Judge
Order on Board
26/10/2026
1. The applicant has preferred this First Bail Application under Section
483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of
regular bail, as he has been arrested in connection with Crime No.
33/2026, registered at Police Station Pali, District Korba (C.G.), for
the offences punishable under Sections 137(2) and 64 of the BNS
and Sections 4 and 6 of the POCSO Act.
2. The prosecution story, in brief, is that on 25.01.2026, the victim,
aged about 17 years and three months, went missing from her

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house, whereupon her mother lodged a report on 26.01.2026.
During investigation, the victim was recovered from Punjab and
disclosed that she had accompanied the applicant to Punjab, where
they solemnized marriage in a temple and lived together as
husband and wife. On the basis of her statement and age, the
aforesaid offences were registered against the applicant.
3. Learned counsel for the applicant would submit that the applicant is
innocent and has been falsely implicated in the present case. He
would further submit that the applicant and the victim became
acquainted through Instagram and subsequently developed a
relationship, pursuant to which the victim voluntarily accompanied
the applicant to Punjab, where they solemnized marriage and lived
together as husband and wife without any force or coercion. He
would further submit that the victim has already been examined
before the learned trial Court and has not supported the prosecution
case. The applicant is in jail since 02.05.2026, charge-sheet has
already been filed and the conclusion of trial is likely to take some
time. Therefore, he prays for grant of bail.
4. On the other hand, learned State counsel would oppose the prayer
for grant of bail and submit that the victim was a minor at the time of
the alleged incident and therefore, her consent or the alleged
marriage would not absolve the applicant of the offences alleged
against him. Considering the nature and gravity of the allegations,
the applicant is not entitled to be released on bail.
5. Learned counsel for the objector would submit that the applicant
subjected the victim to sexual assault when she was below 18 years

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of age. Therefore, considering the nature and gravity of the offence,
the applicant is not entitled to be released on bail.
6. Pursuant to the notice issued by a co-ordinate Bench of this Court,
the mother of the victim appeared before a Co-ordinate Bench of
this Court on 25.08.2026 and raised an objection to the grant of bail
to the applicant.
7. I have heard learned counsel appearing for the parties and perused
the case diary as well as the material available on record.
8. Having considered the facts and circumstances of the case, nature
and gravity of the offences alleged against the applicant, the age of
the victim, her statement recorded under Section 183 of the BNSS,
wherein she disclosed that she had accompanied the applicant to
Punjab, solemnized marriage with him and lived together as
husband and wife, the fact that the victim has already been
examined before the learned trial Court, the charge-sheet has
already been filed, the applicant is in jail since 02.05.2026 and the
conclusion of trial is likely to take some time, thus without
commenting upon the merits of the case, this Court is inclined to
grant bail to the applicant.
9. Accordingly, the bail application is allowed . It is directed that in the
event of the applicant executing a personal bond for a sum of
Rs.50,000/- with one surety in the like sum to the satisfaction of the
concerned trial Court, he shall be released on bail on the following
conditions:-
(i) he shall not directly or indirectly make any
inducement, threat or promise to any person

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acquainted with the facts of the case so as to
dissuade him from disclosing such fact to the Court;
(ii) he shall not act in any manner which will be
prejudicial to fair and expeditious trial, &
(iii) he shall appear before the trial Court on each and
every date given to him by the said Court till disposal
of the trial.
- S/- Sd/-
(Rakesh Mohan Pandey)
Judge
Kunal