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2026 DAILYLAW 2510 (CHH)

SHUBHAM MISHRA v. STATE OF CHHATTISGARH

MCRC/1942/2026 · 2026-03-12

Shri Sanjay Kumar Jaiswal

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2026:CGHC:12078 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1942 of 2026 Shubham Mishra S/o Shri Satyaprakash Mishra Aged About 21 Years R/o Dadanagar Safed Colony, Govindnagar, Kanpur, District Kanpur (U.P.) ... Applicant versus State of Chhattisgarh through the Station House Officer, Police Station- Gandhinagar District- Sarguja (C.G.). ... Respondent For the applicant : Mr. Rishi Rahul Soni, Advocate For the State : Mr. Anish Tiwari, Dy. G.A. (Hon’ble Shri Justice Sanjay Kumar Jaiswal) Order on Board 13.03.2026 1. This is first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant in Crime No. 659/2025 registered at Police Station Gandhinagar, District Sarguja (CG) for the offences under Sections 137(2), 308(2), 62 of BNS, 2023 and Section 12 of the POCSO Act, 2012. 2 2. As per the prosecution case, a report was lodged that the applicant came in contact with the minor girl through social media app and obtained a total sum of Rs.26,000/- from her on different times and places by giving threats and putting her under fear of making viral her photographs and chatting. It is further alleged that the applicant attempted to kidnap the victim from her school by impersonating as the uncle of victim. On such report, the offence was registered and the applicant was arrested. 3. Learned counsel for the applicant submits that the mobile of the applicant was seized in which no obscene photographs or chatting were found and further there is no cogent evidence to show that any sum was given by the victim to the accused. He next submits that no case is made out either u/s 137(2), 308(2), 62 of the BNS or u/s 12 of the POCSO Act. He submits that the applicant is in jail since 17.12.2025; the charge sheet has been filed; trial has not commenced and there is no immediate possibility of disposal of case, therefore, he may be enlarged on bail. 4. Per contra, learned State Counsel opposes the bail application and submits that the victim was minor at the time of incident and the trial has not commenced. 5. The victim has not been able to connect through VC from the concerned DLSA, therefore, her objection/non-objection regarding grant of bail could not be recorded. 6. Having considered the submissions made by learned counsel for the parties and the overall facts and circumstances of the case especially the fact that the trial has not yet commenced, I am not inclined to release the applicant on regular bail. Accordingly, his bail application is rejected. Sd/- (Sanjay Kumar Jaiswal) Judge Rao 3