1 2026:CGHC:5995 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1130 of 2026 Tahid Alam S/o Shri Sher Mohammad Aged About 20 Years R/o Vill - Kopa, P.S. And Tah. - Kopa, District - Chhapra (Bihar) ... Applicant(s) versus State Of Chhattisgarh Through - S.H.O., P.S. Hasaud, District - Sakti (C.G.) ... Respondent(s) For Applicant(s) : Mr. Ravindra Sharma, Advocate. For Respondent(s) : Ms. Anusha Naik, Dy. G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 03/02/2026 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. 211/2025 registered at Police Station Hasaud, District - Sakti (C.G.) for the offence punishable under Sections 137(2), 87 of BNS. AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 2. Case of the prosecution, in brief, is that on the oral complaint of the applicant (mother of the victim), Crime No. 211/2025 was registered at Police Station Hasoud under Sections 137(2) and 87 of the Bharatiya Nyaya Sanhita. It was alleged that on 06.12.2025 at about 4:00 A.M., an unknown person enticed and kidnapped the complainant’s minor daughter. During investigation, on the basis of cyber location, the minor victim was recovered from the custody of suspect Tahid Alam at Kamthi Railway Station, Maharashtra, with the assistance of the Railway Police, and recovery panchnama was prepared in presence of witnesses. Statements of the victim were recorded before a महिला police officer and the Court. In her statement, the victim stated that the accused developed acquaintance with her through Instagram, promised to marry her, forcibly took her from her house, and transported her on foot and by bus to Korba Railway Station and thereafter by train towards Delhi, where he was apprehended by the Railway Police. As the victim was below 18 years of age on the date of incident, the offence was registered and after investigation, the charge-sheet was filed against the accused. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in offence in question. He further submits that the applicant and the victim were in contact through a mobile application, during which a love relationship developed between them. The statement of the 3 victim has been recorded and a bare perusal of the same shows that she voluntarily left her house and travelled with the applicant by bus and thereafter by train, and at no point did she make any complaint alleging kidnapping or force against the applicant. He also submits that the applicant is a young boy aged about 20 years and is a student of Bachelor of Arts, presently studying in the Third Semester. His continued detention would seriously hamper his education and future career. The applicant has neither abducted the victim nor committed any offence as alleged against him. The applicant is in jail since 08.12.2025, the applicant has no criminal antecedents, charge-sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and submits that the charge-sheet has been filed in the present case. She further submits that allegedly the applicant enticed and kidnapped a minor girl aged about 15 year 10 months by developing acquaintance with her through Instagram, lured her on the false promise of marriage, forcibly took her from her house, and took her by bus and train towards Delhi and was arrested alongwith the victim. Therefore, the applicant is not entitled for grant of bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 4 6. Taking into consideration the facts and circumstances of the case, nature and gravity of offence, period of detention of the applicant since 08.12.2025, the fact that though the accused is alleged to have enticed and kidnapped a minor girl aged about 15 year 10 months by first developing acquaintance with her through Instagram, thereafter luring her on the false promise of marriage, forcibly taking her from her house, and transporting her by bus and train towards Delhi, whereupon he was apprehended and arrested along with the victim, but considering the fact that it is a case of elopement and the applicant has no criminal antecedent, further considering the statement of victim recorded under Section 183 of BNSS and the fact that charge-sheet has been filed in the present case, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the application is allowed. 8. Let the Applicant-Tahid Alam, involved in Crime No. 211/2025 registered at Police Station Hasaud, District - Sakti (C.G.) for the offence punishable under Sections 137(2), 87 of BNS, be released on bail on his furnishing a personal bond with two local sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be 5 open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of BNSS. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 9. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil