Research › Search › Judgment

High Court of Chhattisgarh · body

2026 DAILYLAW 8374 (CHH)

ABHISHEK KUMAR v. STATE OF CHHATTISGARH

MCRC/10377/2025 · 2026-02-09

Shri Sanjay Kumar Jaiswal

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2026:CGHC:7444 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 10377 of 2025 Abhishek Kumar S/o Anil Kumar Saini Aged About 20 Years R/o Baljeet Nagar, Ward No. - 10, Panipat Bag, Chandani Bag, District - Panipat, Harayana ... Applicant versus State of Chhattisgarh through P.S - Magarlod District - Dhamtari, C.G. ... Respondent For the applicant : Mr. Shobhit Koshta, Advocate For the State : Ms. Swati Raj Gupta, Panel Lawyer (Hon’ble Shri Justice Sanjay Kumar Jaiswal) Order on Board 10.02.2026 1. This is first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant in Crime No. 146/2024 registered at Police Station Magarlod, District Dhamtari (CG) for the offences under Sections 137(2), 87, 64(2)(m) of IPC and Section 6 of the POCSO Act. 2. As per the prosecution case, on 27.4.2024 the mother of victim has filed a missing report that on 25.04.2024 her minor daughter left ALLENA ANNAJEE RAO Digitally signed by ALLENA ANNAJEE RAO Date: 2026.02.11 10:26:52 +0530 2 the house saying that she was going to school and when the girl did not return to the home, extensive search was made but the mother could not find the traces of victim. The mother has stated in the report that an unknown person allured and enticed away the girl. On such report, crime was registered and during investigation, the girl was recovered on 22.03.2025 from the applicant and after enquiry was made from the victim, the applicant was arrested on 25.03.2025. 3. Learned counsel for the applicant refers to the court statement of victim girl and submits that the victim was major and she had voluntarily accompanied the applicant, visited many places with him, therefore, she was consenting party. He further submits that the applicant has married the victim in a Mandir and thereafter they lived as husband and wife, as a result of which, she became pregnant and her pregnancy was terminated with court permission. He next submits that although the prosecutrix is stated to be minor yet the evidence of correct age has not been collected by prosecution. He submits that the applicant is in jail since 25.03.2025; till date out of a total 30 witnesses, only the victim has been examined and there is no immediate possibility of disposal of the case, therefore, the applicant may be enlarged on bail, at this stage. 4. Per contra, learned State Counsel opposes the bail application and submits that at the time of incident, the victim was minor and the applicant had allured and forcibly taken her away from the lawful custody of the parents. 5. The victim along with her sister has appeared through VC from the concerned DLSA and raised objection to grant bail. 3 6. Having considered the submissions made by learned counsel for the parties, the overall facts situation of the case and further looking to the court statement of victim, without observing anything on merits of the case, I am inclined to release the applicant on bail. 7. Accordingly, the bail 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. Cc as per rules. Sd/- (Sanjay Kumar Jaiswal) Judge Rao