Extracted from the PDF above. The PDF is authoritative.
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CGHC010211462026
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5412 of 2026 Harish Kumar Gayakwad S/o Anjor Das Aged About 22 Years R/o Village Khairdigi P.S. Gurur, District- Balod, Chhattisgarh
... Applicant versus State Of Chhattisgarh Through Police Station Gurur, District- Balod, Chhattisgarh
... Non-applicant For Applicant : Shri Hemant Gupta, Advocate. For Non-applicant/State :
Shri Varunendra Mishra, Panel Lawyer. (HON’BLE SHRI JUSTICE RADHAKISHAN AGRAWAL) Order Sheet 17/07/2026
1. This is the second bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as the B.N.S.S.) for grant of regular bail to the applicant who has been arrested in connection with Crime No.20/2026 registered at Police Station Guru, Dist. Balod (C.G.), for the offence punishable under Sections 62, 64(2)(M), 108 of Bhartiya Nyay Sanhita, 2023 (for short, the B.N.S.) and Sections 4, 5(L)/6of the Protection of Children from Sexual Offences Act, 2012 (for short, the POCSO Act). 2. As per the case of the prosecution, on 18.01.2026, the prosecutrix was missing and 2 days thereafter, the prosecutrix was recovered. Father of the prosecutrix lodged missing report and based on this, F.I.R. was Digitally signed by ALLENA ANJANI KUMAR Date: 2026.07.17 15:53:20 +0530
2 registered against the applicant for the offence under the above sections. 3. Learned counsel for the applicant submits that the first bail application, i.e., MCRC No. 4453/2026 having been dismissed for want of prosecution vide order dated 13.05.2026, the present being second bail application seeking grant of bail. He further submits that applicant is innocent and the victim has been examined as P.W.1 before the trial Court concerned and as per her statement, the applicant has not committed any offence and even she had not identified the applicant/accused. He further submits that the applicant is in jail since
26.01.2026. He next submits that the trial is going on and completion of trial may take some considerable time. Therefore, he prays for the grant of regular bail to the applicant. 4. On the other hand, learned counsel for the State opposes the bail application. 5. The victim and her father appeared through V.C. provided by the DLSA, Balod and the victim has raised no objection to grant bail to the applicant. 6. I have heard learned counsel appearing for the parties and perused the case diary. 7.
Taking into consideration the entire facts and circumstances of the case and further considering the statement of the victim and the victim has not raised any objection for grant of bail to the applicant and the trial is likely to take considerable time, without further commenting anything on merits of the matter, I am inclined to release the applicant on bail. 3
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 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 information. Sd/-
(Radhakishan Agrawal)
JUDGE Anjani