MALKASINGH @ MALAKI HARIJAN vs STATE OF CHHATTISGARH

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CGHC010296392026 2026:CGHC:45318
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 7712 of 2026
1 - Malkasingh @ Malaki Harijan S/o Narsingh Harijan Aged About 22
Years R/o Village Dongriguda, Kotpad, District Koraput Odissa R/o
Dharampura, No. 1 Jagdalpur, District Bastar At Jagdalpur C.G.
... Applicant
versus
1 - State Of Chhattisgarh Through Police Of Police Station Bodhghat,
District Bastar At Jagdalpur C.G.
... Non-applicant
For Applicant : Ms. A. Sandhya Rao, Advocate
For Non-applicant
: Mr. Sourabh Sahu, P.L.
/State
Hon’ble Shri Justice Rakesh Mohan Pandey
Order on Board
27/10/2026
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. 108/2026, registered at

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Police Station Bodhghat, District – Bastar (C.G.) for offence
punishable under Sections 137(2), 87, 64(1) and 64(2)(m) of BNS
and Sections 4 and 6 of POCSO Act.
2. As per the case of the prosecution, the present applicant abducted
the minor victim, aged about 14 years and 3 months from her
parent’s house and sexually assaulted her on the pretext of
marriage. On the complaint made by victim’s mother, police
registered the aforesaid offences against the present applicant.
3. Ms. A. Sandhya Rao, learned counsel for the applicant, would
argue that the victim has already been examined before the trial
Court and she has not at all supported the case of the prosecution.
She would further contend that there was a love affair between the
applicant and the victim and the relationship between them was
consensual in nature. She would lastly contend that investigation
has been completed, charge-sheet has already been filed and the
applicant is in jail since 02/04/2026 and he has no criminal
antecedents, thus, he be released on bail as conclusion of trial is
likely to take some time.
4. On the other hand, Mr. Sourabh Sahu, 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 14
years and 3 months and therefore, the contention of consent of the
victim would be irrelevant as she was a minor. He would further
submit that serious allegations have been levelled against the

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applicant with regard to sexual assault of the minor victim,
therefore, he is not liable to be released on bail.
5. Victim and her mother appeared before this Court through video
conferencing from the concerned District Legal Services Authority
(DLSA) and gave their consent for 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. Having considered the fact that the victim has already been
examined before the trial Court and she has not at all supported the
case of the prosecution and she has also given her consent for
grant of bail to the applicant and further considering that charge-
sheet has been filed, the applicant has no criminal antecedents and
he is in jail since 02/04/2026, this Court, without expressing any
opinion on the merits of the case, is of the considered view that a fit
case for grant of regular bail is made out. Accordingly, the bail
application filed by the applicant is allowed .
8. 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 following conditions :-
(i) he shall not directly or indirectly make any inducement, threat or
promise to any person 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

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and expeditious trial, and
(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.
9. The observation made herein-above is for the purpose of deciding
this bail application only, the trial Court shall decide the case on its
own merits.
Sd/-
(Rakesh Mohan Pandey)
JUDGE
Harneet