Extracted from the PDF above. The PDF is authoritative.
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2026:CGHC:6253
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 536 of 2026 1 - Khemraj Chouhan S/o Ganpat Chouhan, Aged About 32 Years, R/o Village - Pahanda, P.S. - Kedar, District - Sarangarh-Bilaigarh (C.G.).
... Applicant versus 1 - State Of Chhattisgarh Through Officer In Charge Police Chowki - Kanakbira, Police Station - Sarangarh, District - Sarangarh - Bilaigarh (C.G.)
... Respondent For Applicant : Mr. Prahalad Panda, Advocate. For State/Respondent : Ms. Sunita Manikpuri, G.A. Hon'ble Shri Justice Sanjay Kumar Jaiswal
Order on Board 04/02/2026
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. 349/2025 registered at Police Chowki-Kanakbira, Police Station - Sarangarh, District-Sarangarh-Bilaigarh (C.G.), for the offence punishable under Sections 137(2), 87, 64(2)(d) of IPC and Section 4 and 6 of POCSO Act. 2. The prosecution's case, in brief, is that on 17.07.2025, the
2 victim's mother filed a missing report at Police Chowki- Kanakbira, Police Station Sarangarh (C.G.), stating that on 13.07.2025 at about 11 P.M., her daughter left the house without informing anyone. Based on this report, the police registered an FIR against an unknown person. During the investigation, the victim was recovered from the applicant's possession, leading to the registration of an aforesaid offence against the applicant, who was subsequently arrested. 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 voluntarily accompanied the applicant and was a consenting party, therefore, no offence is made out against the appellant. He next submits that the victim has been examined and has not stated anything against the applicant. The applicant has no criminal antecedents and has been in jail since 10.10.2025 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 4-5 have been examined till date, therefore, at this stage, the applicant should not be released on bail. 5. On 31.01.2026, the parents of the victim appeared virtually through concerned DLSA and recorded ‘objection’ in granting
3 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 and gravity of the offence, and also taking into account the court statement of the victim, it is noted that the applicant has been in jail since 10.10.2025.
Out of 25 witnesses, only 4-5 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 it is directed that the 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 the trial Court. Applicant is
directed to appear before the trial Court on each and every date to be given to him by the said Court till disposal of the trial. It is made clear that any observation made by this Court in this
order shall not affect the trial of the case.
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 Sourabh P.