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2026 DAILYLAW 23748 (CHH)

DHANESHWAR BAGHEL v. STATE OF CHHATTISGARH

MCRC/5022/2026 · 2026-06-29

Shri Radhakishan Agrawal

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2026:CGHC:26518 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5022 of 2026 Dhaneshwar Baghel S/o Shri Kushbo Baghel Aged About 24 Years R/o Village Tarapur Samratpara Police Station Nagarnar Tahsil Bakavand Dist Bastar C.G. ... Applicant versus State Of Chhattisgarh Through, Station House Officer, Police Station - Bodhghat, District -Bastar (C.G.) ---- Respondent (Cause title is taken from the CIS) ___________________________________________________________ For Applicant : Mr. Shubham Tripathi, Advocate For State-Respondent : Ms. Swati R. Gupta, PL ___________________________________________________________ Hon'ble Shri Justice Radhakishan Agrawal Order on Board 30/06/2026 1. This is the first bail application filed under Section 483 of the BNSS, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No.265/2025, registered at Police Station Bodhghat, District- Bastar (CG) for the offence VASANT KUMAR Digitally signed by VASANT KUMAR Date: 2026.06.30 16:22:40 +0530 2 punishable under Sections 137(2), 87, 64(1), 64(2)(m), 238 of BNS and Sections 4 & 6 of POCSO Act. 2. As per prosecution case, on 05.06.2025, father of the minor victim has lodged the missing report before the concerned police station alleging that his minor daughter is missing. Thereby by missing report has been lodged by the police. During the course of investigation, victim was recovered from the possession of the applicant. Applicant has committed sexual intercourse with the victim and after completion of investigation, charge-sheet has been filed against the applicant. 3. Learned counsel for the applicant contended that the applicant is an innocent and has been falsely implicated in the said case. He further contended that the prosecution has failed to prove the age of the victim that at the time of incident, the victim was minor and the applicant is in jail since 18.07.2025, and the trial will take considerable time for its conclusion, therefore, the applicant may be released on bail. 4. Learned State Counsel opposes the submission made by learned counsel for the applicant and would submit that the victim has examined as PW-1 and as per her statement, at the time of incident, she was minor and the applicant was kidnapped her from lawful guardianship and committed sexual intercourse with her. 3 5. Pursuant to order dated 02.06.2026, victim and her father appeared through virtual mode from the DLSA- Jagdalpur, District Bastar (C.G.). On being asked, they raised objection for grant of bail to the applicant. 6. I have heard learned counsel for the parties. 7. Considering the facts and circumstances of the case, material available on record and looking to the nature and gravity of the offence, this Court is not inclined to grant bail to the applicant. 8. Accordingly, the bail application of the applicant stands rejected. 9. Office is directed to send a certified copy of this order to the trial Court concerned for information. Sd/- (Radhakishan Agrawal) Judge Vasant