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2026 DAILYLAW 8648 (CHH)

DADURAM MAHIPAL v. STATE OF CHHATTISGARH

MCRC/1672/2026 · 2026-03-24

Shri Sanjay Kumar Jaiswal

body2026

Judgment text

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1 2026:CGHC:14292 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1672 of 2026 1 - Daduram Mahipal S/o Samaru Mahipal, Aged About 19 Years, R/o- Village Tanud Nawagaon Ramnagar P.S. Sheorinarayan District Janjgir Champa (C.G.). ... Applicant versus 1 - State Of Chhattisgarh Through Police Station Sheorinarayan District Janjgir Champa (C.G.). ... Respondent For Applicant : Mr. F.S. Khare, Advocate. For State/Respondent : Mr. Aman Tamrakar, P.L. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order on Board 25/03/2026 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. 436/2025 registered at Police Station - Sheorinarayan, District-Janjgir-Champa (C.G.), for the offence punishable under Sections 332(B), 137(2), 87, 65(1) of BNS, 2023 and Section 4, 6 of POCSO Act. 2. The prosecution's case, in short, is that the applicant allegedly 2 abducted the victim without the consent of her lawful guardians and established a physical relations with her. On report being made in this regard by brother of the victim, an offence was registered against the applicant, leading to his arrest. 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 and her mother have been examined and they have not stated anything against the applicant. The applicant has no criminal antecedents and has been in jail since 19.11.2025 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 17 witnesses, only 05 have been examined till date, therefore, at this stage, the applicant should not be released on bail. 5. Despite service of notice, the victim is not appeared before this Court today. 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 on perusal of the court 3 statements of the victim and her mother, and also taking into account that the applicant has been in jail since 19.11.2025, out of 17 witnesses, only 5 has 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 Sourabh P.