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2026 DAILYLAW 27108 (CHH)

X Y Z v. STATE OF CHHATTISGARH

MCRC/5306/2026 · 2026-07-16

Shri Radhakishan Agrawal

body2026

Judgment text

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1 CGHC010220382026 2026:CGHC:30404 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5306 of 2026 X Y Z (Details Of Applicant Inside In Enclosed Envelop) ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Nagarda, District Sakti Chhattisgarhrh Through Sho. Thana- Kawardha, District Kabeerdham Chhattisgarh. ---- Respondent (Cause title is taken from the CIS) ___________________________________________________________ For Applicant : Mr. Ishwar Jaiswal, Advocate For State-Respondent : Mr. Ram Narayan Sahu, Dy. GA ___________________________________________________________ Hon'ble Shri Justice Radhakishan Agrawal Order on Board 17/07/2026 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.01/2026, registered at Police Station Nagarda, District- Sakti (CG) for the offence punishable under Sections 137(2), 74, 75(1)(i) of BNS and VASANT KUMAR Digitally signed by VASANT KUMAR Date: 2026.07.17 17:04:41 +0530 2 Section 10 of POCSO Act. 2. The case of prosecution in brief is that on 31.12.2025, the father of the prosecutrix lodged a missing report. During investigation, the prosecutrix returned and alleged that the applicant, her uncle, had been outraging her modesty for a long time, due to which she had left home. Consequently, the applicant was arrested and, after investigation, the charge-sheet was filed. 3. Learned counsel for the applicant contended that the applicant has been falsely implicated in the present case. He further contended the applicant is real uncle of the prosecutrix and victim and her mother examined before the trial Court as PW-1 & PW-2, wherein they have not supported the case of prosecution and as per their statement, the applicant has not committed the alleged offence and the applicant is in jail since 04.02.2026, 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 the complainant, 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 and her mother recorded before the trial Court and 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.15,000/- 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