Research › Search › Judgment

High Court of Chhattisgarh · body

2026 DAILYLAW 29336 (CHH)

KOMAL CHATURVEDI v. STATE OF CHHATTISGARH

MCRC/6455/2026 · 2026-07-26

Shri Sanjay Kumar Jaiswal

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 CGHC010274722026 2026:CGHC:32068 HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6455 of 2026 Komal Chaturvedi S/o Chandraprakash Chaturvedi Aged About 21 Years R/o Ward No. 22, Beergaon, P.S. Urla, Dist. Raipur (C.G.) ... Applicant versus State of Chhattisgarh through Police Station Suhela, District Baloda Bazar- Bhatapara (C.G.) ... Respondent For the applicant : Mr. Pragalbha Sharma, Advocate For the State : Ms. Deepeshwari Mahilwar, Panel Lawyer (Hon’ble Shri Justice Sanjay Kumar Jaiswal) Order on Board 27.07.2026 1. This is second bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant in Crime No. 79/2025 registered at Police Station Suhela, District Baloda Bazar-Bhatapara, Chhattisgarh for the offences punishable under sections 137(2), 87, 64(2)(m) and 318(2) of BNS as also u/s 6 of the POCSO Act. 2. The first bail application was dismissed as withdrawn by order dated 09.04.2026 passed in MCRC No.10552/2025. 3. As per the prosecution case, a missing person report was lodged by the victim’s uncle stating that the minor victim went missing on 04.04.2025. Later, she was recovered from the applicant on 16.04.2025 in Beergaon, Raipur. It is alleged ALLENA ANNAJEE RAO Digitally signed by ALLENA ANNAJEE RAO Date: 2026.07.28 14:25:29 +0530 2 that the applicant who is brother in law of victim allured the minor girl on the pretext of marriage and established physical relations with her. 4. Learned counsel for the applicant submits that in the court statements, victim (P.W.2) and the complainant (P.W.1) have not supported the prosecution case and they have been declared hostile. Victim was consenting party and proper evidence regarding her age has not been collected by the prosecution case. Till date, out of total 23 prosecution witnesses, only two have been examined; the appellant is in jail since 17.04.2025 and there is no likelihood of immediate conclusion of trial; therefore, looking to all these aspects, the applicant may be enlarged on bail. 5. Per contra, learned State Counsel opposes the bail application and submits that at the time of incident, the victim was minor and the victim in her court statement has supported the prosecution case. 6. The Victim has no father and mother. She is residing with her Chacha (Uncle). She along with him has appeared through VC from the concerned DLSA and raised objection to grant bail. 7. Having considered the submissions made by learned counsel for the parties and the court statement of the victim and the complainant as also the fact that the trial is likely to take time and further looking to the long custody of the applicant, without observing anything on merits of the case, I am inclined to release the applicant on regular bail. 8. Accordingly, this bail application is allowed and the applicant is directed to be released on bail on his furnishing a bond in sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the trial Court for his appearance before the said Court as and when directed in that behalf. Cc as per rules. Sd/- (Sanjay Kumar Jaiswal) Judge Rao