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2026 DAILYLAW 8603 (CHH)

KULDEEP SAGAR v. STATE OF CHHATTISGARH

MCRC/1351/2026 · 2026-02-16

Shri Sanjay Kumar Jaiswal

body2026

Judgment text

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1 2026:CGHC:8425 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1351 of 2026 Kuldeep Sagar S/o Rakesh Kumar Sandey Aged About 24 Years R/o- Jamgahan, P.S.- Malkharouda, District- Sakti (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through Police Station Hasaud, District Sakti (C.G.) ... Respondent(s) For Applicant(s) : Mr. Anchal Kumar Matre, Advocate For Respondent(s) : Mr. Aman Tamrakar, Panel Lawyer Hon'ble Shri Justice Sanjay Kumar Jaiswal Order on Board 17.02.2026 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. 163/2025 registered at Police Station – Hasaud, District - Sakti (C.G.), for the offence punishable under Sections 137(2), 87, 64(2)(m) of the BNS MANPREET KAUR Digitally signed by MANPREET KAUR Date: 2026.02.17 17:52:37 +0530 2 and under Section 6 of the POCSO Act. 2. As per the prosecution case, in the intervening night of 30.08.2025 and 31.08.2025 between 11:30 PM and 02:00 AM, the complainant’s daughter/prosecutrix was allegedly enticed away by an unknown person, and during investigation on 26.09.2025 the present applicant Kuldeep Sagar was apprehended near Langar House, close to Golden Jubilee School, Hyderabad, and the prosecutrix was shown to have been recovered from his custody. Thereafter, the applicant was arrested and implicated in the present case. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He further submits that the statement of the victim and her parents have already been recorded wherein she has categorically stated that the families of the applicant and victim were familiar to each other and had already fixed their marriage. Further, it has been also been stated that the victim had herself made phone call to the applicant and asked him to take her to Hyderabad along with him. He also submits that charge-sheet has been filed and the applicant is in jail since 29.09.2025, and out of total 21 witnesses, only 5-6 witnesses have been examined till date and as such, the trial is likely to take considerable 3 time to conclude. Therefore, he prays for the grant of regular bail to the applicant. 4. On the other hand, learned counsel for the State opposed the bail application. However, could not dispute the fact that charge-sheet has already been filed and the statement of victim has already been recorded. 5. The victim along with her parents appeared through V.C. from the concerned DLSA and recorded objection to the grant of 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, particularly that the families of the applicant and the victim were well acquainted and had already fixed their marriage, and further that the victim in her statement has admitted that she herself called the applicant and asked him to take her along to Hyderabad, coupled with the fact that the applicant is in judicial custody since 19.09.2025 and out of 21 prosecution witnesses only 5–6 have been examined so far, and the trial is likely to take considerable time for conclusion, therefore, without expressing any opinion on the merits of the case, this Court is inclined to release the applicant on bail. 8. Accordingly, the application is allowed and it is directed 4 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. 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 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 Manpreet