1 2026:CGHC:15050 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2428 of 2026 1 - Nilesh Suryawanshi S/o Mahadeva, Aged About 23 Years, Village- Rahasbeda, Ward No 5 Chawki-Naila Police Station-Janjgir District- Janjgir Chapa Chhattisgarh. ... Applicant versus 1 - State Of Chhattisgarh Through Out Of Post-Naila ,police Station- Janjgir District-Janjgir Champa Chhattisgarh. ... Respondent For Applicant : Mr. Chandra Prakash Lahrey, Advocate. For State/Respondent : Mr. Khulesh Sahu, P.L. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order on Board 01/04/2026 1. This is the first 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. 680/2025 registered at Police Station – Out Post- Naila, Police Station-Janjgir, District-Janjgir-Champa (C.G.), for the offence punishable under Sections 137(2), 64(2)(m), 65(1) and 87 of BNS, 2023 and Section 6 of POCSO Act. 2. The prosecution's case, in short, is that the applicant allegedly abducted the victim from the custody of her lawful guardians SOURABH PATEL Digitally signed by SOURABH PATEL Date: 2026.04.01 16:05:29 +0530 2 and established a physical relations with her on several occasions. On report being made in this regard, an offence was registered against the applicant, leading to his arrest. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the case with no connection to the alleged offence. He further submits that the victim voluntarily accompanied the applicant and was a consenting party, therefore, no offence is made out against the appellant. He next submits that the victim and her mother have been examined and turned hostile. The applicant has no criminal antecedents and has been in jail since 23.08.2025 and the trial is likely to take considerable time to conclude, therefore, the present applicant may be released on bail. 4. On the other hand, learned counsel for the State opposed the bail application, submitting that at the time of the incident, the victim was a minor. Out of a total of 19 witnesses, only 02 have been examined till date, therefore, at this stage, the applicant should not be released on bail. 5. Pursuant to the order of this Court dated 16.03.2026, the victim along with her mother appeared virtually through the concerned DLSA and raised her ‘no objection’ in granting bail to the applicant. 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. Considering the facts and circumstances of the case, the nature and gravity of the offence, and on perusal of the court 3 statements of the victim and her mother, and also taking into account that the applicant has been in jail since 23.08.2025, out of 19 witnesses, only 2 have been examined till date, and the trial is likely to take considerable time to conclude, therefore, I find it appropriate to release the applicant on bail. 8. Accordingly, the 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. 9. 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.