1 2026:CGHC:16685 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2821 of 2026 Dibya Prakash Chauhan S/o Ganpat Chauhan Aged About 22 Years R/o Village - Tendua, Police Station - Nawagarh, District- Janjgir- Champa (C.G.) ... Applicant. versus State Of Chhattisgarh Through Station House Officer, Police Station - Nawagarh, District- Janjgir-Champa (C.G.) ---- Respondent -------------------------------------------------------------------------------------------- For the Applicant : Mr. Sushil Dubey, Advocate. For the State/Respondent : Ms. Priya Sharma, PL. -------------------------------------------------------------------------------------------- Hon'ble Shri Sanjay Kumar Jaiswal, Judge Order on Board 10.04.2026 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, who has been arrested on 06.12.2025 in connection with Crime No.345/2025 registered at Police Station Nawagarh, District Janjgir Champa (CG) for the offence under Sections 137(2), 87 of BNS 2023 and Sections 3 & 4 of the POCSO Act, 2012. 2 2. First bail application of the applicant has been rejected by this Court vide order dated 16.02.2026 in MCRC No.878/2026. 3. Though the notice has been served upon the victim, but neither the victim nor any Counsel appeared before this Court on her behalf. 4. As per the prosecution case, on 20.08.2025 PW-1/mother of victim has lodged a report before the concerned Police Station mentioning therein that her minor daughter (aged about 17 Years 7 months 19 days) was missing and she had suspicion that some unknown person had kidnapped her daughter. Based upon said report, the Police registered a crime against unknown person for the offence punishable under Section 137(2) of the BNS 2023. During investigation, minor prosecutrix was recovered from the possession of the applicant/accused in Gujrat; her statement was recorded and based upon which, offence under Section 87 of BNS 2023 and Sections 3 & 4 of the POCSO Act, 2012 were added and the applicant has been arrested on 06.12.2025 for the alleged offence/crime. 5. Learned counsel for the applicant submits that after rejection of first bail application of the applicant, on 13.03.2026, victim has been examined before the learned Trial Court as Prosecution Witness (PW-2) and in her statement she denied to identify the applicant and also did not support the entire prosecution case. Furthermore, on 13.03.2026 mother of victim has been 3 examined before the trial Court as PW-1 and she also not supported the case of prosecution. Applicant is in jail since 06.12.2025 and there is no immediate possibility of disposal of trial, therefore, applicant may be enlarged on bail. 6. Per contra, learned State Counsel opposes the bail application of the applicant. 7. Heard learned counsel for the parties and perused the case diary including the deposition of the PW-1 & PW-2. 8. It is pertinent to mention here that at the time of hearing of first bail application of the applicant, victim alongwith her mother was appeared through virtual mode from the concerned DLSA and expressed no-objection in granting bail to the applicant. 9. Considering facts of the case, nature of allegation, submissions of counsel for the parties, particularly the fact that after rejection of first bail application of the applicant, on 13.03.2026, victim and her mother have been examined before the learned Trial Court as PW-2 & 1 and they have turned hostile and not supported the case of prosecution, hence, there is substantial change in circumstances, therefore, I am inclined to allow this second bail application of the applicant. 10. Accordingly, this second bail application for grant of bail is allowed. It is directed that the present Applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of 4 the concerned 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 completion of the trial. 11. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information/compliance. CC as per rules. Sd/- (Sanjay Kumar Jaiswal) JUDGE J/-