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2026 DAILYLAW 16009 (CHH)

SACHIN AHIRWAR v. STATE OF CHHATTISGARH

MCRC/488/2026 · 2026-01-29

Shri Sanjay Kumar Jaiswal

body2026

Judgment text

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1 2026:CGHC:5265 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 488 of 2026 1 - Sachin Ahirwar S/o Jagannath Ahirwar, Aged About 22 Years, R/o Mahaniy Chouraha P.S. Shamsabad, Distt. Vidisha, M.P. ... Applicant versus 1 - State Of Chhattisgarh Through Station House Officer, P.S. Akaltara, Distt. Janjgir Champa, Chhattisgarh. ... Respondent For Applicant : Mr. Ishwar Jaiswal, Advocate. For State/Respondent : Ms. Sunita Manikpuri, G.A. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order on Board 30/01/2026 1. The victim along with her father appeared in person before this Court and recorded ‘no objection’ in granting bail to the applicant. 2. This is the 02nd 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. 107/2025 registered at Police Station -Akaltara, District Janjgir-Champa (C.G.), for offence punishable under Sections 65(1), 137(2) of BNS and U/s 4, 6 of the POCSO Act, SOURABH PATEL Digitally signed by SOURABH PATEL Date: 2026.01.30 17:13:49 +0530 2 2012. 3. The first bail application of the applicant was dismissed on merits by this Court on 20.08.2025 in MCRC No.6212/2025. 4. The prosecution story, in short, is that a missing complaint was lodged by father of the victim at concerned Police Station to the effect that someone has lured his minor daughter and take her away with him. On the basis of the said complaint of the victim’s father, crime has been registered against an unknown person. During the investigation, the victim was recovered from the possession of the applicant. Based on above, offence has been registered against the applicant. 5. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the crime in question. He further submits that the victim and her father have been examined and turned hostile. The applicant has no criminal antecedents and has been in jail since 14.07.2025. Given that the trial is likely to take considerable time to conclude, he prays for grant of regular bail to the applicant. 6. On the other hand, learned State counsel opposed the bail application, submitting that at the time of incident, the victim was minor, and out of 14 witnesses, only 03 have been examined till date and several important witnesses remain to be examined, therefore, at this stage, he may not be enlarged on bail. 7. I have heard learned counsel appearing for the parties and perused the case diary. 8. Considering the facts and circumstances of the case, the nature 3 and gravity of the offence, and also taking into account that the victim and her father have been examined, the applicant is in jail since 14.07.2025, and out of 14 witnesses, 03 have been examined till date and the trial is likely to take considerable time to conclude, therefore, without commenting anything on merits, I find it appropriate to release the applicant on bail. 9. Accordingly, the application is allowed and it is directed that the applicant shall be released on bail on his furnishing a personal bond in the sum of Rs. 25,000/- with one surety in the like sum to the satisfaction of the trial Court. Applicant is directed to appear before the trial Court on each and every date to be given to him by the said Court till disposal of the trial. It is made clear that any observation made by this Court in this order shall not affect the trial of the case. 10. 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.