1 2026:CGHC:26648 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5207 of 2026 1 - Shivam Sahu @ Deepu Sahu S/o- Ramji Sahu Aged About 20 Years R/o- Kotsagarpara, P.S. - Kota, District- Bilaspur (C.G.) ... Applicant versus 1 - State Of Chhattisgarh Through Police Station- Kota, District- Bilaspur (C.G.) ... Respondent For Applicant : Mr. Krishna Kumar Khatri, Advocate. For State/Respondent : Ms. Dipeshwari Mahilwar, P.L. For Complainant : Mr. Karan Baharani, Advocate. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order on Board 30/06/2026 1. This is the Second 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. 627/2025 registered at Police Station Kota, District Bilaspur (C.G.), for the offence punishable under Sections 137(2), 87, 64(2)(m) of BNS and Sections 5(L) & 6 of POCSO Act. 2. The first bail application of the applicant was dismissed on merit on 02.04.2026 in MCRC No. 2557/2026. Digitally signed by HEERA LAL SAHU Date: 2026.06.30 17:11:07 +0530 2 3. As per the prosecution’s case, on 22.06.2025 the complainant lodged a report that on 15.06.2025 an unknown person had allured and enticed away his younger minor daughter from their lawful guardianship. During investigation, it was found that the present applicant abducted the minor victim and repeatedly committed sexual intercourse with her from 15.06.2025 to 19.01.2026. Based on this, offence has been registered against the present applicant. 4. Learned counsel for the applicant has argued that the applicant is innocent and has been falsely implicated in this case. He further submits that after dismissal of the first bail application, 5 witnesses, including the victim and her parents, have been examined before the trial Court out of 25 listed witnesses. He next submits that there is no proof of the age of the victim. The father of the victim has stated the age of the victim as 20 years in his statement, whereas the mother of the victim has stated 19 years in her statement. The applicant is in jail since 20.01.2026, and the trial is likely to take considerable time to conclude. Therefore, he prays for grant of regular bail to the applicant. 5. On the other hand, learned counsel for the State opposed the bail application and submits that the applicant did a heinous crime with a minor girl and as per the Dakhil Kharij register, the victim was about 16 years old at that time, as her date of birth is 09.10.2008, therefore, at this stage, he may not be enlarged on bail. 3 6. The victim along with her father and counsel, has appeared in person before this Court today and expressed no objection to grant of bail to the applicant. 7. I have heard learned counsel appearing for the parties and perused the case diary. 8. Considering the facts and circumstances of the case and looking to the statement of the victim and her parents and also considering the fact that the applicant is in custody since 20.01.2026, only 5 witnesses have been examined out of 25 listed witnesses, the victim and her father have no objection to grant of bail to the applicant, and the trial is likely to take considerable time, at this stage, I am inclined to release the applicant on bail. 9. Accordingly, the application is allowed and it is directed that the applicant shall be released on bail on his furnishing a personal bond in the sum of Rs. 25,000/- with one surety in the like sum to the satisfaction of the trial Court. Applicant is directed to appear before the trial Court on each and every date to be given to him by the said Court till disposal of the trial. It is made clear that any observation made by this Court in this order shall not affect the trial of the case. 10. 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 H.L. Sahu