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2026 DAILYLAW 24210 (CHH)

JOGA KASHYAP v. STATE OF CHHATTISGARH

MCRC/3959/2026 · 2026-06-30

Shri Radhakishan Agrawal

body2026

Judgment text

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1 2026:CGHC:26840 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR M.Cr.C No.3959 of 2026 Joga Kashyap S/o Shri Hidma Kashyap Aged About 21 Years By Caste - Muriya, R/o Village - Andumpal, Thana - Chhindgarh, Tahsil - Chhindgarh, District - Sukma (C.G.) ... Applicant versus State Of Chhattisgarh Through Station House Officer, PS. Chhindgarh, District - Sukma, Chhattisgarh ... Non-applicant For Applicant :Mr. Ishwar Jaiswal, Advocate. Non-Applicant/State :Mr. Amit Verma, PL. Hon'ble Shri Justice Radhakishan Agrawal Order on Board 01.07.2026 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.33/2025 registered at Police Station - Chhindgarh, District SISTLA NEELIMA VISHNU PRIYA Digitally signed by SISTLA NEELIMA VISHNU PRIYA Date: 2026.07.02 11:09:06 +0530 2 Sukma for the offences under Sections 137(2) and 64(2)(ड) of BNS 2023 as also under Sections 4 & 6 of POCSO Act. 2. According to prosecution’s case, on 01.06.2025, a missing report was lodged by the victim's uncle at Police Station Chhindgarh, District Sukma, regarding the disappearance of the victim, on the basis of which FIR was registered against unknown persons for the offences as mentioned above. During investigation, the victim was recovered from the possession of the present Applicant at Kothagudem on 23.07.2025. The Applicant is alleged to have repeatedly committed sexual intercourse with the victim. The Applicant was arrested on 24.07.2025. 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 and turned hostile and as per her statement, the accused/Applicant has not committed any offence. He lastly submits that the victim has not raised any objection, the Applicant is in jail since 24.07.2025 and the trial is likely to take quite some time for its conclusion, therefore, he may be enlarged on bail. 4. Per contra, learned State Counsel opposes the bail application. 3 5. Victim, along with her father, has appeared through Video Conferencing from DLSA, Dantewada and raised no objection with regard to grant of bail to the Applicant. 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, without further commenting anything 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.20,000/- 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