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2026 DAILYLAW 21265 (CHH)

NEMICHAND BHOI v. STATE OF CHHATTISGARH

MCRC/3679/2026 · 2026-06-15

Shri Radhakishan Agrawal

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Judgment text

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1 2026:CGHC:24014 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR M.Cr.C No.3679 of 2026 Nemichand Bhoi S/o Jai Bhoi Aged About 23 Years R/o Village Parsada, Police Station And District Mahasamund (C.G.) ... Applicant versus State Of Chhattisgarh Through The Station House Officer, Police Station Khallari, District Mahasamund (C.G.) ... Non-applicant For Applicant :Mr. Pawan Kesharwani, Advocate. Non-Applicant/State :Mr. Hrishikesh Sharma, PL. Hon'ble Shri Justice Radhakishan Agrawal Order on Board 16.06.2026 1. This is the 1st bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the Applicant, who has been arrested in connection with Crime No.97/2025 registered at Police Station - Khallari, District SISTLA NEELIMA VISHNU PRIYA Digitally signed by SISTLA NEELIMA VISHNU PRIYA Date: 2026.06.16 17:23:21 +0530 2 Mahasamund for the offence under Sections 137(2) and 64(2)(n) and 65(1) of BNS 2023 as also under Sections 4 & 6 of POCSO Act. 2. According to the prosecution story, on 07.11.2025, the father of the victim lodged a missing report at Police Station Khallari stating that his minor daughter had gone missing from her house on the night of 01.11.2025. The date of birth documents collected during investigation disclosed the victim's date of birth as 13.02.2012. Subsequently, on 13.01.2026, the victim was recovered and on the basis of her statements and other material collected during investigation, offences as mentioned above have been registered against the present Applicant. Hence, this application. 3. Learned Counsel for the Applicant submits that the Applicant is innocent and has been falsely implicated in the present case. It is further submitted that the victim (PW-1) has not supported the case of the prosecution in her evidence before the trial Court and has been declared hostile and she has categorically deposed that the Applicant did not commit any offence against her. He further submits that the Applicant is in jail since 16.01.2026 and the trial is likely to take quite some time for its conclusion, therefore, he may be enlarged on bail. 3 4. Per contra, learned State Counsel opposes the bail application. 5. Notice issued to the victim/complainant was duly served as per the report of the concerned SHO dated 04.05.2026/08.05.2026, however, none appeared despite service of notice. 6. Having considered the submissions made by learned Counsel for the parties and the facts and circumstances of the case, further considering the Court statement of the victim, wherein she has clearly stated that no such incident had taken place with her, the pre-trial detention of the Applicant and the fact that the trial is likely to take quite some time for its conclusion, without commenting anything further on the merits of the case, I am inclined to release the Applicant on regular bail. 7. Accordingly, the bail application is allowed. 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. Sd/- (Radhakishan Agrawal) Judge Priya