XYZ (CHILD IN CONFLICT WITH LAW) v. STATE OF CHHATTISGARH
MCRCA/1299/2026 · 2026-08-10
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[ 2026 DAILYLAW 32568 (CHH) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 32568 (CHH) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
1
CGHC010299652026
2026:CGHC:35335
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1299 of 2026 Xyz (Child In Conflict With Law) Nil ... Applicant
versus State Of Chhattisgarh Through P. S. Ratanpur, District - Bilaspur (C.G.) ... Respondent For Applicant : Mr. Ashutosh Shukla, Advocate. For Non-applicant/State : Mr. Soumya Rai, Dy. G.A. Hon'ble
Mr. Ramesh Sinha, Chief Justice
Order on Board 11.08.2026
1. This first anticipatory bail application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No.436/2026 registered at Police Station – Ratanpur, District - Bilaspur (C.G.) for the offences punishable under Sections 140(3), 308(6) & 3(5) of the BNS. 2. As per the prosecution story, the complainant, who has studied up to Class 9th and works as a motor mechanic at Ratanpur, was sitting in VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.08.12 10:49:19 +0530
2 the courtyard of his house on 24.06.2026 at about 11:30 a.m. It is alleged that the accused persons, namely Ishan Sarthi, Nikhil Rajak and Som Rajak, came there on a motorcycle and took the complainant with them, thereby allegedly kidnapping him. Thereafter, they allegedly demanded a ransom of Rs.50,000/- from the complainant's mother, Ghanshyam Patle. It is further alleged that the complainant's mother agreed to pay the demanded amount and went to Badal Mahal, Ratanpur, as instructed by the accused persons for delivering the ransom. However, before the amount could be delivered, the complainant's uncle informed the police. On the basis of the report, an offence punishable under Sections 140(3), 308(6) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 was registered against the accused persons. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case, as his name does not find mention in the FIR and there is no specific allegation or overt act attributed to him. It is further submitted that the applicant is a minor school-going student studying in Class 11th and has been unnecessarily roped into the case by the police without any involvement or prima facie material against him. It is submitted that the allegations in the FIR are directed against the other accused persons, namely Ishan Sarthi, Nikhil Rajak and Som Rajak, and the applicant has no connection with them or with the alleged incident. Learned counsel further submits that, considering the applicant's age, educational status and the absence of any specific role attributed to him, no prima facie case is made out against him. The applicant is a permanent resident of the address mentioned in the application, having
3 movable and immovable properties there, and there is no likelihood of his absconding.
He is ready and willing to abide by all the terms and conditions that may be imposed by this Court. On these grounds,
learned counsel for the applicant prays that the applicant may kindly be granted bail.
4. Learned State Counsel opposes the bail application and submits that the allegations are serious in nature; however, no incriminating evidence has been found against the applicant during investigation. It is further submitted that the applicant's name does not find mention in the FIR and no specific overt act has been attributed to him.
5. I have heard learned counsel for the parties and perused the case diary.
6. Considering the overall facts and circumstances of the case, the
submissions advanced by learned counsel for the parties, the fact that the applicant is a minor school-going student studying in Class 11th, his name does not find mention in the FIR, and no specific allegation or overt act has been attributed to him, and without expressing any opinion on the merits of the case, this Court is of the considered opinion that the applicant has made out a case for grant of bail. Accordingly, the application is allowed.
7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Xyz (Child In Conflict With Law) Nil, on executing a personal bond and one local surety in the like sum to the satisfaction of the arresting Officer, he shall be released on bail on the following conditions:- (a) he shall not directly or indirectly make any
4 inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court. (b) he shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) he shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial. (d) the applicant and the surety shall submit a copy of his adhaar card along with a coloured postcard full size photo having printed the adhaar number on it, which shall be verified by the trial Court. (e) he shall not involve himself in any offence of similar nature in future.
Sd/- (Ramesh Sinha) CHIEF JUSTICE vaibhav