Daleshwar Nishad Vs State of Chhattisgarh

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Digitally BHOLA signed byBHOLANATH NATH KHATAI KHATAI Date:2026.02.11 11:19:06 +0530

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2026:CGHC:7432

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NAFR

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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MCRC No. 899 of 2026

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Daleshwar Nishad S/o Balaram Nishad Aged About 19 Years R/o Village Ghumarra, Out Post Jalbandha, Police Station Khairagarh, District Khairagarh-Chhuikhadan-Gandai (C.G.)

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... Applicant(s)

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versus

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State Of Chhattisgarh Through Station House Officer, Out Post Jalbandha, Police Station Khairagarh, District Khairagarh-ChhuikhadanGandai (C.G.)

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... Respondent(s)

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For Applicant : Mr. Veer Verma, Advocate For Respondent : Mr. K. K. Bahrani, P.L.

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Hon'ble Shri Justice Sanjay Kumar Jaiswal

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Order On Board

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10.02.2026

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1. The victim along with her mother appeared before this Court today through virtual mode from the concerned DLSA and expressed their no-objection in granting bail to the applicant.

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2. This is the first bail application filed u/s 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant

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who has been arrested in connection with Crime No.108/2025 registered at Out Post Jalbandha, Police Station Khairagarh, District Khairagarh-Chhuikhadan-Gandai (C.G.) for offence punishable under Sections 137(2), 87, 65(1) of BNS and Sections 4 & 6 of Protection of Children from Sexual Offences Act.

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3. As per the prosecution case, the applicant knowing well that the victim was a minor, yet he kidnapped her from the lawful guardianship of her parents and committed sexual intercourse with her. On report being lodged in this regard, the applicant was arrested on 22.04.2025.

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4. Learned counsel for applicant submits that the applicant is innocent and has been falsely implicated in this case. The victim and her mother have been examined before the trial Court and they have not supported the case of prosecution and turned hostile. The victim and her mother have expressed their noobjection in granting bail to the applicant. He further submits that out of total 22 witness, only 7 witnesses including the victim and her mother have been examined till date, the applicant is in jail since 22.04.2025 and there is no likelihood of the trial to be concluded at the earliest. Hence, considering all these facts, the applicant may be released on bail.

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5. Learned State counsel, on the other hand, opposing the bail application submits that the victim was minor at the time of incident and considering the nature of offence, the applicant does not deserve to be released on bail.

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6. Heard learned counsel for the parties and perused the case diary.

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7. Taking into consideration the entire facts and circumstances of the case, particularly the court statements of the victim and her mother and also considering the facts that the victim and her mother have expressed their no-objection in granting bail to the applicant, there are total 22 witnesses, out of which only 7 witnesses including the victim and her mother have been examined so far, the applicant is in jail since 22.04.2025 and there is all possibility of the trial taking considerable time for its conclusion, this Court is of the opinion that a case for grant of bail to the applicant has been made out.

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8. Accordingly, the application for grant of bail is allowed . It is directed that the present Applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court. The applicant is directed to appear before the trial Court on each and every date to be given to him by the said Court till completion of the trial.

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9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information.

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Sd/- ( Sanjay Kumar Jaiswal)

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Khatai JUDGE

Daleshwar Nishad v. State of Chhattisgarh

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Daleshwar Nishad v. State of Chhattisgarh

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