1 CGHC010268922026 2026:CGHC:40843 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6519 of 2026 Dinesh Kumar Chandrakar S/o Shri Manoj Kumar Aged About 20 Years R/o House No. 305, Ward No. 09, Chandrakhuri Tahsil And District- Durg (C.G.) ... Applicant versus State Of Chhattisgarh Through Police Station Arjunda, District- Balod (C.G.) ... Non-Applicant For Applicant : Shri Avinash Chand Sahu, Advocate. For Non-Applicant/State : Shri Sourabh Sahu, P.L. (HON’BLE SHRI JUSTICE RAKESH MOHAN PANDEY) Order on Board 18/09/2026 1. The applicant has preferred this First Bail Application under Section 483 of the BNSS, 2023 for grant of regular bail, as he has been arrested in connection with Crime No.71/2026, registered at Police Station Arjunda, District Balod (C.G.) for the offence punishable under Sections 137(2), 64(2)(m) of BNS and Sections 4, 5(B) and 6 of POCSO Act. 2. As per the case of the prosecution, on 03.05.2026, the victim, a minor girl, aged about 17 years and 7 months at the time of incident, left her house and accompanied the present applicant. A missing report was lodged on 04.05.2026 and subsequently, the victim was recovered on 11.05.2026 and her statement was recorded wherein she made Digitally signed by ALLENA ANJANI KUMAR Date: 2026.09.21 13:22:40 +0530 2 allegations of sexual assault against the present applicant. Accordingly, certain sections were added in the F.I.R. 3. Uncle of the victim appeared through V.C. and raised strong objection for grant of bail to the applicant. 4. Learned counsel appearing for the applicant would submit that the victim has already been examined before the learned trial Court and she has not supported the case of the prosecution. It is also argued that the victim denied the suggestions put forth by the Public Prosecutor. It is also contended by the learned counsel for the applicant that the applicant is in jail since 11.05.2026 and conclusion of trial may take some considerable time. He, therefore, prays for grant of bail to the applicant. 5. On the other hand, learned State counsel would oppose the bail application and contend that the on the date of incident, victim was minor girl and she was taken away by the applicant without consent of her parents. It is also contended that there are serious allegations of sexual abuse against the present applicant, and therefore, the bail application deserves to be dismissed. 6. I have heard the learned counsel for the parties and perused the case diary. 7. Having considered the facts and circumstances of the case and looking to the fact that the victim has already been examined and she has not supported the case of the prosecution and even she denied the suggestions put forth by the Public Prosecutor and considering the fact that the applicant is in jail since 11.05.2026 and that the conclusion of the trial is likely to take some time, I am inclined to grant bail to the present applicant. Accordingly, the bail application is allowed. 3 8. Let the applicant be released on bail on furnishing personal bond with two sureties in the like sum to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of BNSS. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. Sd/- (Rakesh Mohan Pandey) JUDGE Anjani