1 2025:CGHC:38091 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4873 of 2025 Dilesh Dhirhe S/o Gendram Dhirhe Aged About 27 Years R/o Village - Kaitha, Jaijaipur, P.S. - Hasaud, District - Sakti (C.G.) ... Applicant versus State Of Chhattisgarh Through - Station House Officer, Chowki - Belgahana, P.S. - Kota, District - Bilaspur (C.G.) ... Non-applicant For Applicant : Mr. Krishna Tandon, Advocate For Non-applicant/State : Mr. S.S. Ubeja, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 01.08.2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No. 1118/2024 registered at Police Station Kota, District - Bilaspur (C.G.) under Sections 137(2) & 140(1) of Bhartiya Nyaya Sanhita, 2023. 2. As per the prosecution story the complainant namely Rewti Tekam lodged first information report (F.I.R.) 1118/2024 alleging that she was married to Pramod Sahu in the year 2018 during VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.08.04 17:58:26 +0530 2 her marriage she gave birth to two children namely Gaurav (missing child) and the other Mukesh thereafter in the year 2020 the complainant and Pramod Sahu got separated by decree of divorce, after which the complainant met with the present applicant and due to love affair with the present applicant the complainant started residing with the applicant yet again the complainant left the applicant and currently she is residing with her parents. On 12/12/2024 at around 20:00 hours as alleged the applicant came to the house of the complainant and took the child namely Gaurav of the complainant with him, therefore present offences of kidnaping has been registered against the applicant. 3. The applicant has been falsely implicated in the case, as the FIR was lodged on the same day as the alleged incident 22/12/2024 without any proper explanation, and appears to be a result of pressure from the prosecutrix's family. The investigating agency could not trace the child and, failing that, wrongfully named the applicant while not arraying the complainant’s husband as an accused. Sections 363 and 364 IPC and Sections 137(2) and 140(1) of the Bharatiya Nyaya Sanhita, 2023 have been applied, but notably, Section 302 IPC has not been invoked, indicating no evidence of murder. The charge sheet filed after a thorough investigation contains no incriminating material or consistent witness statements under Section 161 CrPC to support the allegations against the applicant. The arrest was solely based on 3 the applicant’s memorandum statement, which lacks evidentiary value, especially in the absence of a recovered body, and all witnesses’ accounts are hearsay and riddled with contradictions. He also submits that applicant is in jail since 24.12.2024, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, the learned State Counsel opposes the bail application of the present applicant. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, the nature and gravity of the offence, and the material available in the case diary, and further, as stated by the counsel for the applicant, the FIR was registered under Sections 363 and 364 of the IPC, and the applicant’s bail application was rejected by the trial court for the said offences. However, after framing of charges under Sections 363 and 364 of the IPC, an additional charge under Section 302 of the IPC has also been framed against the applicant by the trial court. In view of the same, the present bail application is rejected. 7. Further, the bail not yet been rejected for the offence under Section 302 of the IPC, the applicant is permitted to move an appropriate application under the said offence. 8. Accordingly, the first bail application of the applicant –Dilesh 4 Dhirhe, involved in Crime No. 1118/2024 registered at Police Station Kota, District - Bilaspur (C.G.) under Sections 137(2) & 140(1) of Bhartiya Nyaya Sanhita, 2023, is rejected. Sd/- (Ramesh Sinha) Chief Justice vaibhav