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2026 DAILYLAW 11102 (CHH)

ASHUTOSH KUMAR v. STATE OF CHHATTISGARH

MCRC/777/2026 · 2026-02-05

Shri Sanjay Kumar Jaiswal

body2026

Judgment text

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1 2026:CGHC:6831 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 777 of 2026 1 - Ashutosh Kumar S/o Gopal Singh, Aged About 32 Years, R/o Ward No. 13, Lodinagh Quarter (Wrongly Mentioned As Qwater), Rajhara, P.S. Rajhara, Distt. Balod, Chhattisgarh. ... Applicant versus 1 - State Of Chhattisgarh Through Station House Officer, P.S. Rajhara, Distt. Balod, Chhattisgarh. ... Respondent For Applicant : Mr. Vidya Bhushan Soni, Advocate. For State/Respondent : Mr. Aman Tamboli, P.L. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order on Board 06/02/2026 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 344/2025 registered at Police Station - Rajhara, District-Balod (C.G.), for the offence punishable under Sections 74 and 75 of BNS, 2023 and Section 10 of POCSO Act, 2012. 2. The prosecution's case, in short, is that on 06.11.2025, the SOURABH PATEL Digitally signed by SOURABH PATEL Date: 2026.02.06 17:01:13 +0530 2 mother of the victim lodged a report against the applicant before Police Station Rajhara, District-Balod (C.G.), to the effect that on 25.10.2025, she had gone with her sister to Gondia for earning a livelihood and had left her minor daughter at her mother's house. On 29.10.2025, the victim informed the complainant through phone that on 27.10.2025, the applicant had touched her private parts and pressed her chest. Based on the above, an offence has been registered against the applicant. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the case with no connection to the alleged offence. He further submits that the victim has been examined and turned hostile. He next submits that the applicant has no criminal antecedents and has been in jail since 06.11.2025 and the trial is likely to take considerable time to conclude, therefore, the present applicant may be released on bail. 4. On the other hand, learned counsel for the State opposed the bail application, submitting that at the time of the incident, the victim was a minor. Out of a total of 09 witnesses, only victim has been examined till date and several important witnesses remain to be examined, therefore, at this stage, the applicant should not be released on bail. 5. The victim along with her mother appeared virtually from the concerned DLSA and recorded ‘no objection’ in granting bail to the applicant. 6. I have heard learned counsel appearing for the parties and 3 perused the case diary. 7. Having considered the submission made by learned counsel for the parties and on perusal of the court statements of the victim and further looking to the over all facts situation of the case, without observing anything on the merits of the case, I am inclined to release the applicant on bail. 8. Accordingly, the 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. 9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Sanjay Kumar Jaiswal) Judge Sourabh P.