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2026 DAILYLAW 16850 (CHH)

NARENDRA DAHARIYA v. STATE OF CHHATTISGARH

MCRC/865/2026 · 2026-02-11

Shri Sanjay Kumar Jaiswal

body2026

Judgment text

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1 2026:CGHC:7881 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 865 of 2026 Narendra Dahariya S/o Late Mahetaru Dahariya Aged About 36 Years R/o Ganjpara, Ward No. 37, Durg, P S City Kotwali Durg, Tehsil And District Durg, Chhattisgarh. ... Applicant versus State of Chhattisgarh through the Police Chowki Birejhar, P S Kurud, District Dhamtari, Chhattisgarh. ... Respondent For the applicant : Mr. Shobhit Koshta, Advocate For the State : Mr. Avleen Juneja, Panel Lawyer (Hon’ble Shri Justice Sanjay Kumar Jaiswal) Order on Board 12.02.2026 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. 218/2025 registered P.S. Kurud through Police Chowki Birejhar, District Dhamtari (CG) for the offences under Sections 137(2), 87, 64(2)(n), 65(1) of BNS and Section 6 of POCSO Act. ALLENA ANNAJEE RAO Digitally signed by ALLENA ANNAJEE RAO Date: 2026.02.13 16:27:05 +0530 2 2. As per the prosecution case, on 29.08.2025, the father of victim lodged the a report stating that his daughter went missing since 07.08.2025 and an unknown person had allured and enticed her away from his lawful custody. On such report, crime was registered and during investigation, the girl was recovered on 30.08.2025 and the applicant was arrested on 31.08.2025. 3. Learned counsel for the applicant submits that the victim has been examined and she has denied the entire prosecution case. He submits that even the medical report does not show any external or internal injury on the body of victim, therefore, no offence has been committed. He further submits that no cogent evidence was collected by the prosecution to prove that she was minor at the time of incident. He next submits that there was inordinate delay in filing the FIR. He submits that the applicant is in jail since 31.08.2025; and till date out of a total 20 witnesses, only 3 have been examined and there is no immediate possibility of disposal of case, therefore, the applicant 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 was minor; the applicant had forcibly taken her away from the lawful custody of her parents. 5. The victim girl along with her father has appeared through VC from the concerned DLSA and they have expressed no-objection to grant bail to the applicant. 6. Having considered the submissions made by learned counsel for the parties, over all facts situation of the case and further looking to 3 the statement of the victim (P.W.1), 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