2026:CGHC:8346 HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 878 of 2026 Dibya Prakash Chauhan S/o Ganpat Chauhan Aged About 22 Years R/o Village - Tendua, Police Station - Nawagarh, District - Janjgir-Champa Chhattisgarh ... Applicant versus State of Chhattisgarh through Station House Officer, Police Station - Nawagarh, District Janjgir-Champa Chhattisgarh ... Respondent For the Applicant : Mr. Sushil Dubey, Advocate For the State : Ms. Priya Sharma, Panel Lawyer.

(Hon’ble Shri Justice Sanjay Kumar Jaiswal)

Order on Board

16.02.2026

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. 345/2025 registered at Police Station Nawagarh, District Janjgir Champa (CG) for the offences under Sections 137(2), 87 of BNS 2023 and Sections 3 & 4 of the POCSO Act, 2012.

2. As per the prosecution case, the mother of victim lodged a report on 20.08.2025 stating that her minor daughter aged about 17 years 7 months & 19 days went to the school and did not return to home and when the girl was not traced after extensive search, she lodged the report that her minor daughter was allured and taken away by some unknown person. On such report, crime was registered and during investigation, the girl was recovered on 04.12.2025 from the possession of the applicant in Gujarat and later offence under the POCSO Act was added and the applicant was arrested on 06.12.2025.

3. Learned counsel for the applicant submits that in 161 CrPC statement, the victim herself has stated that she had voluntarily accompanied the applicant to Gujrat where she stayed with him for about 4 months with an intention to marry him on attaining the age of majority and during this period, no sexual assault was committed by the applicant, therefore, the offence u/s 3 & 4 is not made out against the applicant. He further submits that even the ingredients of offence u/s 87 of BNS (Sec. 366 of IPC) and Section 137(2) of BNS (Sec. 363 of IPC) are not attracted in view of her statement u/s 161 CrPC. He further submits that although the prosecutrix is stated to be minor yet the evidence regarding her correct age has not been collected by the prosecution. He submits that the applicant is in jail since 06.12.2025 and here is no immediate possibility of disposal of case, therefore, he may be enlarged on bail.

4. Per contra, learned State Counsel opposes the bail application

Court.

5. The victim along with her mother has appeared through VC from the concerned DLSA and expressed no-objection to granting bail. 6. Having considered the submissions made by learned counsel for the parties and looking to the over-all facts situation of the case especially the fact that the trial has not yet commenced, I am not inclined to release him on regular bail, at this stage. Accordingly, the bail application is rejected Sd/-

(Sanjay Kumar Jaiswal)

Judge

Rao