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2026 DAILYLAW 24495 (CHH)

VISHAL KUMAR YADAV v. STATE OF CHHATTISGARH

MCRC/4852/2026 · 2026-07-01

Shri Sanjay Kumar Jaiswal

body2026

Judgment text

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1 2026:CGHC:27299 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4852 of 2026 1 - Vishal Kumar Yadav S/o Shri Ramkumar Yadav Aged About 22 Years R/o Vill- Hirri, P.S. Pamgarh, Dist- Janjgir-Champa (C.G.) ... Applicant versus 1 - State Of Chhattisgarh Through- S.H.O., P.S. Pamgarh, Dist- Janjgir- Champa (C.G.) ... Respondent For Applicant : Mr. Ishwar Jaiswal, Advocate For Respondent/State : Ms. Deepa Singh, P.L. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order On Board 02/07/2026 1. The victim and her parents appeared before this Court today through virtual mode from the concerned DLSA and expressed their no-objection in granting bail to the applicant. 2. This is the second bail application filed u/s 483 of BNSS, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No.347/2025 registered at Police Station Pamgarh, Dist- Janjgir-Champa (CG) for the offence punishable BHOLA NATH KHATAI Digitally signed by BHOLA NATH KHATAI Date: 2026.07.03 13:56:15 +0530 2 under Sections 137(2), 87, 64, 64(2)(m) BNS and Sections 4 & 6 of POCSO Act. 3. The first bail application of the applicant was rejected on merits vide order dated 02.04.2026 in MCRC No.2431/2026. 4. According to the prosecution, the allegation against the applicant is that on 04.08.2025, he abducted the minor victim from the lawful guardianship of her parents and repeatedly committed sexual intercourse with her under the pretext of marriage. On report being lodged in this regard, the applicant was arrested on 24.02.2026. 5. Learned counsel for applicant submits that the victim and her father have now been examined before the trial Court and they have not supported the case of prosecution and turned hostile. The victim and her parents have also expressed their no-objection in granting bail to the applicant. He further submits that out of total 18 prosecution witnesses, only the victim and her father have been examined so far, the applicant is in jail since 24.02.2026 and there is no likelihood of the trial to be concluded at the earliest. Hence, considering all these facts, the applicant may be released on bail. 6. Learned State counsel, on the other hand, opposing the bail application submits that the victim was minor at the time of incident and considering the nature of offence, the applicant does not deserve to be released on bail. 7. Heard learned counsel for the parties and perused the case diary. 3 8. Taking into consideration the entire facts and circumstances of the case, particularly the court statement of the victim’s father and also considering the fact that the victim and her parents have expressed their no-objection in granting bail to the applicant, out of total 18 prosecution witnesses only two have been examined, the applicant is in jail since 24.02.2026 and there is all possibility of the trial taking considerable time for its conclusion, this Court is of the opinion that a case for grant of bail to the applicant has been made out. 9. Accordingly, the application for grant of bail is allowed. It is directed that the present 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 concerned trial Court. The applicant is directed to appear before the trial Court on each and every date to be given to him by the said Court till completion of the trial. 10. Let a certified copy of this order be sent to the trial Court concerned for necessary information. Sd/- Sd/- (Sanjay Kumar Jaiswal) JUDGE Khatai