1 2026:CGHC:14526 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1735 of 2026 Hemraj Dhruv @ Chepo S/o Alakhram Dhruv, aged about 19 years, R/o Village - Gunarbod, Police Station- Bemetara, District- Bemetara (C.G.) ... Applicant Versus State of Chhattisgarh, through Station House Officer, Police Station - Bemetara, District- Bemetara (C.G.) ... Respondent (Cause title is taken from Case Information System Software.) For Applicant : Mr. Veer Verma, Advocate. For State/Respondent : Mr. Akash Agarwal, P.L. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order on Board 27.03.2026 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 545/2025 registered at Police Station - Bemetara, District- Digitally signed by RAVVA UTTEJ KUMAR RAJU 2 Bemetara (C.G.), for the offence punishable under Sections 137(2), 65(1), 64(2) (m)of BNS, 2023 and Section 4, 6 of POCSO Act, 2012. 2. The prosecution's case, in short, is that on 11.09.2025, the complainant lodged a report stating that his youngest daughter, born on 02.12.2009 and a student of Class X at a high school, had left home for school at about 10:00 a.m. the same day but did not return by evening. Despite searching in nearby areas and within the village, her whereabouts could not be ascertained. Suspecting that an unknown person had lured and kidnapped his minor daughter, the complainant approached the authorities. On the basis of this report, an FIR bearing Crime No. 545/2025 was registered under Section 137(2) of the B.N.S., 2023, and investigation was initiated against an unknown person. During the course of investigation, the minor victim was recovered from the applicant, her statement was recorded, and she was subjected to medical examination. Thereafter, her statement under Section 183 of the BNSS was also recorded, along with statements of other witnesses. A spot map of the place of occurrence was prepared and seizure proceedings were conducted. Upon finding incriminating material, the accused was taken into custody, and after completion of the investigation, a charge-sheet was filed for offences punishable under Sections 137(2), 65(1), and 64(2)(m) of the B.N.S., 2023, along with Sections 4 and 6 of the POCSO Act, 2012. 3 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the case with no connection to the alleged offence. He further submits that the victim PW-01 did not support the case of the prosecution and she turned hostile. He further submits that the victim had left the house due to a dispute with her brother. The victim voluntarily accompanied the applicant and was a consenting party, therefore, no offence is made out against the applicant. He next submits that the victim, her mother and father have been examined and they have not stated anything against the applicant. He next contends that at the time of the incident, it was not proved that the victim was a minor. The applicant has no criminal antecedents and has been in jail since 14.10.2025 and the trial is likely to take considerable time to conclude, therefore, the present applicant may be released on bail. 4. On the other hand, learned counsel for the State opposed the bail application, submitting that at the time of the incident, the victim was a minor. Out of a total of 25 witnesses, only 03 have been examined till date, therefore, at this stage, the applicant should not be released on bail. 5. Today, the victim appeared virtually through the DLSA, Bemetara and recorded her objection in granting bail to the applicant. 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. Considering the facts and circumstances of the case, the nature 4 and gravity of the offence, and on perusal of the court statements of the victim, her mother and her father and also taking into account that the applicant has been in jail since 14.10.2025, out of 25 witnesses, only 03 have been examined till date, and the trial is likely to take considerable time to conclude, therefore, I find it appropriate to release the applicant on bail. 8. Accordingly, the application is allowed and the applicant is directed to be released on bail on his furnishing a personal 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. 9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Sanjay Kumar Jaiswal) Judge U.K. Raju