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2026 DAILYLAW 23437 (CHH)

PREAMLAL CHOUHAN v. STATE OF CHHATTISGARH

MCRC/4787/2026 · 2026-06-28

Shri Sanjay Kumar Jaiswal

body2026

Judgment text

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1 HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4787 of 2026 Preamlal Chouhan S/o Hajarilal Chouhan Aged About 22 Years Occupation Mechanic R/o Village Ruchida P.S. Pussore Tahsil Pussore, Distt. Raigarh (C.G.) ... Applicant versus State of Chhattisgarh through Staton House Officer, Dabhara Distt. Sakti (C.G.) ... Respondent For Applicant : Mr. Amit Sharma, Advocate For Respondent : Mr. Rohitashwa Singh, Dy,G.A. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order On Board 29/06/2026 1. This is the second bail application filed u/s 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant in Crime No.424/2025 registered at Police Station Dabhara, District Sakti (CG) for the offence punishable under Sections 137(2), 87, 64(1) of BNS and Section 6 of POCSO Act. 2. The first bail application was dismissed by order dated 24.03.2026 passed in MCRC No.2172 of 2026. 3. As per the prosecution case, the present applicant allured the victim, took her away to an outside State on 19.12.2025 and committed sexual intercourse with her. On 06.02.2026, during the ALLENA ANNAJEE RAO Digitally signed by ALLENA ANNAJEE RAO Date: 2026.06.29 15:16:51 +0530 2 course of investigation, the victim was recovered from the possession of the applicant. Based on this, offence has been registered against the present applicant. 4. Learned counsel for the applicant submits that the court statement of the victim shows that she has not supported the case of prosecution as she has deposed that nothing was committed by the applicant with her and he has been falsely implicated in this case. He next submits that as per her court statement, the victim was major at the time of marriage and she had voluntarily accompanied the applicant. The mother of the victim and her cousin brother have also been examined and they have also turned hostile to the prosecution case. He further submits that the applicant is in jail since 07.02.2026, till date out of total 23 witnesses, only 3 have been examined and there is no likelihood of the trial being concluded at the earliest. Hence, considering all these facts, the applicant may be released on bail. 5. Learned State counsel opposing the bail application submits that the victim was a minor at the time of the incident. 6. The victim herself is present in person before this Court today and expressed no objection to grant of bail to the applicant. Earlier also on 24.03.2026 the victim had not raised any objection to grant bail though her parents objected to bail. 7. Considering the court statements of the victim, her mother and brother as also the fact that the trial is yet to take time and since there are changing circumstances after rejection of the first bail 3 application, without commenting on the merits of the case, this Court is inclined to release the applicant on bail. 8. Accordingly, this bail application is allowed and the applicant is directed to be released on bail on his furnishing a 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