1 2026:CGHC:27460 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3946 of 2026 Dwarika Prasad @ Sonu Dubey S/o Arjun Prasad Dubey Aged About 19 Years R/o Khairjhiti, Chauki- Bazar Charbhantha, Thana- Kawardha, District Kabeerdham Chhattisgarh. ... Applicant versus State Of Chhattisgarh Through Sho. Thana- Kawardha, District Kabeerdham Chhattisgarh. ---- Respondent (Cause title is taken from the CIS) ___________________________________________________________ For Applicant : Mr. Arvind Prasad, Advocate For State-Respondent : Mr. Akash Agrawal, PL ___________________________________________________________ Hon'ble Shri Justice Radhakishan Agrawal Order on Board 03/07/2026 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.539/2025, registered at Police Station Kawardha, District- Kabeerdham (CG) for the VASANT KUMAR Digitally signed by VASANT KUMAR Date: 2026.07.03 16:08:57 +0530 2 offence punishable under Sections 137(2), 64(2)(m) of BNS and Section 6 of POCSO Act. 2. As per prosecution case, the father of the prosecutrix lodged the missing report at the concerned police station with the averment that his daughter is missing and after investigating, it is found that the present applicant was abducted his minor daughter and committed sexual intercourse with her. On the basis of said report, the offence was registered 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 victim has examined as PW-1 before the trial Court, wherein she has not clearly supported the case of prosecution and as per her statement, she is major and the appellant has not made physical relation with her and the applicant is in jail since 27.12.2025, 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. 5. Despite service of notice upon father of the prosecutrix, no one appeared on behalf of the prosecutrix. 6. I have heard learned counsel for the parties. 3 7. Considering the facts and circumstances of the case, further considering that the statements of the prosecutrix recorded before the trial Court and further considering that the applicant is in jail since 27.12.2025 and that the conclusion of the trial is likely to take considerable time, without commenting on the merits of the case, this Court is inclined to release the applicant on bail. 8. Accordingly, the bail 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.20,000/- with one surety in the like sum to the satisfaction of the trial Court. The applicant is directed to appear before the concerned 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. 9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Radhakishan Agrawal) Judge Vasant