Gajendra Nishad Vs State of Chhattisgarh — Child Sexual Offences (POCSO) | Chhattisgarh HC (2026)

Gajendra Nishad Vs State of Chhattisgarh — Child Sexual Offences (POCSO) | Chhattisgarh HC (2026)

What the court decided

AI extract

Outcome

No bail granted: the second bail application was dismissed as withdrawn on counsel's prayer. The Court directed the learned trial Court to expedite the trial of the case and ordered that a copy of the order be forwarded to the trial Court for due compliance.

Issue for consideration

Whether the applicant, arrested in connection with Crime No. 214/2024 (offences under Sections 64 (2) M and 65 (1) of the Bharatiya Nayaya Sanhita, Sections 5 (j)(ii)/(l), 4 and 6 of the POCSO Act, and Section 3 (2) (v) of the SC/ST (Prevention of Atrocities) Act), should be granted regular bail. +1 more

Court's answer

The present bail petition is dismissed as withdrawn, as per the submissions made by counsel for the applicant seeking withdrawal.

Ratio / Principle

Considering that the applicant is in jail since 01.12.2024 and upto 18.11.2025 only seven witnesses have been examined, the learned trial Court is directed to expedite the trial of the case; a copy of the order is to be forwarded to the trial Court for due compliance.

Detailed headnote1 paragraphs

Second regular-bail application (MCRC No. 10540 of 2025) of Gajendra Nishad, arrested in connection with Crime No. 214/2024 of P.S. Arjunda, District Balod (C.G.), for offences punishable under Sections 64 (2) M and 65 (1) of the Bhartiya Nayaya Sanhita, Sections 5 (j)(ii)/(l), 4 and 6 of the Protection of Children from Sexual Offences Act, and Section 3 (2) (v) of the SC/ST (Prevention of Atrocities) Act; filed under Section 483 of the BNSS, 2023. His first bail application (MCRC No. 2252 of 2025) had been dismissed as withdrawn on 07.05.2025 with liberty to reapply after examination of the parents of the victim and the School Teacher. Before the High Court of Chhattisgarh at Bilaspur (Justice Ravindra Kumar Agrawal, order dated 22/01/2026), counsel for the applicant prayed for withdrawal and sought a direction for expeditious trial, which was not opposed by State counsel. The Court dismissed the petition as withdrawn and, observing that although the applicant was in jail since 01.12.2024 only seven witnesses had been examined upto 18.11.2025, directed the learned trial Court to expedite the trial; a copy of the order was to be forwarded to the trial Court for due compliance.

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2026:CGHC:4002

NAFR

Digitally signed by AVINASH AVINASH SHARMA SHARMA Date: 2026.01.23 11:44:06 +0530

HIGH COURT OF CHHATTISGARH AT BILASPUR

MCRC No. 10540 of 2025

Gajendra Nishad S/o Duj Ram Nishad Aged About 24 Years R/o Chichalgondi, Police Station- Arjunda, District- Balod (C.G.)

...Applicant.

versus

State Of Chhattisgarh Through - The Station House Officer, Police StationArjunda, District- Balod (C.G.).

...State/ Respondent.

For Applicant	: Shri Shikhar Sharma, Advocate.
For State/Respondent	: Shri Vinod Tekam, Govt. Advocate.

(Hon’ble Shri Justice Ravindra Kumar Agrawal)

Order on Board

22/01/2026

This is the second bail application filed under Section 483 of the BNSS, 2023 for grant of regular bail to the applicant, who has been arrested in connection with Crime No.214/2024 registered at Police Station Arjunda, District Balod (C.G) for the offence punishable under Sections 64 (2) M, 65 (1) of Bhartiya Nayaya Sanhita and Section 5 (j)(ii)/(l), 4 and 6 of Protection of Children from Sexual Offences Act and Section 3 (2) (v) of SC/ST (Prevention of Atrocities) Act.

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The First Bail application of the applicant was dismissed as withdrawn with liberty to repeat the same after examination of parents of the victim, as well as the School Teacher vide order dated 07.05.2025 passed in MCRC No.2252 of 2025.

After arguing for some time, counsel for the applicant prays for withdrawal of the present MCRC petition, however, he would submit that the applicant is in jail since 01.12.2024, therefore, the learned trial Court may be directed to expedite the trial of the case.

The said prayer is not opposed by learned State counsel.

As per the submissions made by counsel for the applicant, the present bail petition is dismissed as withdrawn.

Considering the fact that the applicant is in jail since 1.12.2024 and upto 18.11.2025, only seven witnesses have been examined, the learned trial Court is directed to expedite the trial of the case.

A copy of this order be forwarded to the trial Court for due compliance.

Sd/-

(Ravindra Kumar Agrawal) Judge

Avinash