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2026 DAILYLAW 1089 (CHH)

DAVID KHARE ALIAS ALU v. STATE OF CHHATTISGARH

MCRC/2312/2026 · 2026-03-22

Shri Sanjay Kumar Jaiswal

body2026

Judgment text

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1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2312 of 2026 David Khare Alias Alu S/o Vikas Khare Aged About 19 Years R/o Nayamunda Baliram Kashyap Ward, Near Rambo Kirana Store, Police Station Bodhghat, Jagdalpur, District Bastar Chhattisgarh ... Applicant versus State of Chhattisgarh through Station House Officer Police Station Bodhghat, Jagdalpur, District Bastar Chhattisgarh ... Respondent For the applicant : Mr. Vikram Sharma, Advocate For the State : Mr. Afroj Khan, Dy.G.A., Hon’ble Shri Justice Sanjay Kumar Jaiswal) Order on Board 23.03.2026 1. This is first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant in Crime No. 163/2025 registered at Police Station Bodhghat, District Bastar (CG) for the offences under Sections 64(1), 64(2)(m), 65(1), 87, 137(2), 238 of BNS and Sections 4 & 6 of the POCSO Act, 2012. 2. As per the prosecution case, on 08.04.2025 the complainant lodged a report that his minor daughter left the home without informing to anyone. It is alleged that an unknown person allured and took away his minor daughter from their lawful custody. During ALLENA ANNAJEE RAO Digitally signed by ALLENA ANNAJEE RAO Date: 2026.03.23 17:07:38 +0530 2 invistigation, the victim was recovered on 31.07.2025 from applicant at Tamil Nadu. The statement of victim was recorded wherein she alleged that the applicant has committed sexual intercourse. 3. Learned counsel for the applicant submits that it is clear from the victim’s court statement that nothing was committed by the applicant with her. She had voluntarily accompanied the applicant, stayed with him at Chennai for 3-4 months. He also submits that even the MLC report does not support the prosecution case. He next submits that the applicant is in jail since 01.08.2025; till date out of a total 19 witnesses, only 4 have been examined and there is no immediate possibility of disposal of case, therefore, he may be enlarged on bail. 4. Per contra, learned State Counsel opposes the bail application and submits that at the time of incident, the victim girl was minor. 5. The victim along with her father has appeared through VC from the concerned DLSA and expressed no-objection to grant bail. 6. Having considered the submissions made by learned counsel for the parties and further looking to the court statement of the victim as also the fact that the trial is likely to take time, without observing anything on the merits of the case, I am inclined to release the applicant on regular bail. 7. Accordingly, this bail application is allowed and the applicant is directed to be released on bail on his furnishing a personal bond in sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the trial Court for his appearance before the said Court as and when directed in that behalf. Cc as per rules. Sd/- (Sanjay Kumar Jaiswal) Judge Rao