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2026 DAILYLAW 8688 (CHH)

RATNA KASHYAP v. STATE OF CHHATTISGARH

MCRC/1750/2026 · 2026-03-24

Shri Sanjay Kumar Jaiswal

body2026

Judgment text

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1 2026:CGHC:14293 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1750 of 2026 1 - Ratna Kashyap S/o. Ratiram Kashyap, Aged About 30 Years, R/o. Village Bazar Para Ward No. 2 Pacheda P.S.- Janjgir, Distt. Janjgir Champa (C.G.). ... Applicant versus 1 - State Of Chhattisgarh Through Station House Officer, P.S.- Janjgir, Distt. Janjgir Champa (C.G.). ... Respondent For Applicant : Mr. Aishwarya Kumar Dubey, Advocate. For State/Respondent : Mr. Amit Verma, 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. 1061/2025 registered at Police Station - Janjgir, District-Janjgir-Champa (C.G.), for the offence punishable under Sections 78(2), 79 of BNS, 2023 and Section 12 of POCSO Act. 2. The prosecution's case is that the applicant allegedly harassed the victim (a minor) by stalking her and following her to school SOURABH PATEL Digitally signed by SOURABH PATEL Date: 2026.03.25 18:12:15 +0530 2 on a motorbike with wrongful intent. On a report being made, 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 FIR has been lodged by the victim under the pressure of family members in the previous case in connection with Crime No. 674/2025, and the applicant was implicated for the offence of rape. After the applicant's release from jail on 12.11.2025 in the previous case, when he came for a settlement, he was again falsely implicated by the victim's family with intent to kept him in jail. He next submits that in the previous case, on the date of the incident, the victim was a major and had admitted in her evidence that she was having a love affair with the applicant, and the FIR had been lodged under family pressure. There is no other criminal antecedent against the applicant. The applicant has been in jail since 10.12.2025, and the conclusion of the trial may take some time; hence, the 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, therefore, considering the nature and gravity of offence, the applicant should not be released on bail. 5. Today, the victim along with her grandmother appeared virtually and raised her objection in granting bail to the applicant. 3 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, particularly the evidence of the victim recorded before the trial Court in the previous case, other material/evidence available in the case diary, the fact that there was love affair between the applicant and victim, further considering that there is no any other criminal antecedent against the applicant, charge-sheet has already been filed, detention period of applicant, conclusion of trial may take some time, without commenting anything on merits of the case, I am inclined to allow this bail application. 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.