1 2026:CGHC:13715 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2139 of 2026 Ganeshwar Dhimar S/o Mahesh Kumar Dhimar Aged About 24 Years R/o Village Bohara Ps Sanaud District Balod (C.G.) ... Applicant versus State of Chhattisgarh through S.H.O. P.S. Sanaud, District Balod (C.G.) ... Respondent For the applicant : Mr. Sudhanshu Kumar Singh, Advocate For the State : Ms. Veethika Choubey, Panel Lawyer 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. 108/2025 registered at Police Station Sanaud, District Balod (CG) for the offences under Sections 64(2)(m), 137(2), 87, 296, 115(2) of BNS, 2024 and Section 5(L) & 6 of the POCSO Act. ALLENA ANNAJEE RAO Digitally signed by ALLENA ANNAJEE RAO Date: 2026.03.23 16:56:59 +0530 2 2. As per the prosecution case, on 09.11.2025 the complainant lodged a report stating that on 08.11.2025 his minor daughter had gone to school and did not return to home. It is alleged that an unknown person allured and took away his minor daughter from their lawful custody. During investigation, the victim was recovered, her statement was recorded and subsequently, the applicant was arrested. 3. Learned counsel for the applicant submits that it is clear from the victim’s court statement that she had voluntarily accompanied the applicant and travelled with him to Secunderabad where they lived as wife and husband for a considerable period, therefore, she was consenting party. It is submitted that though the victim is shown to be 17 years of age, but the evidence of her correct age has not been collected by the prosecution to prove that she was minor. He submits that the applicant is in jail since 06.12.2025; till date out of a total 23 witnesses, only 2 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 parents has appeared through VC from the concerned DLSA and the parents raised 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 3 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