##PAGE1##

1

2026:CGHC:14316 SOURABH DsSP i AO igg T nU i E teR ad L l A by ByH NAFR

PATEL D21+ 08 a 0 2: t 51 e6 32 :. 0 0:134.25 HIGH COURT OF CHHATTISGARH AT BILASPUR

MCRC No. 1781 of 2026

1 - Sarvesh Kumar S/o Harishchandra, Aged About 24 Years, R/o Boharnganj, Police Station Ibrahimpur, District- Ambedkar Nagar

(U.P.).

... Applicant versus

1 - State Of Chhattisgarh Through The Station House Officer, Police Of Police Arjunda, District- Balod (C.G.).

... Respondent

For Applicant : Mr. Shikhar Sharma, Advocate.

For Respondent/State : Mr. Tarkeshwar Nande, P.L.

Hon'ble Shri Justice Sanjay Kumar Jaiswal

Order on Board

25 / 03 / 2026

1. The accused/applicant has moved this first bail application

under Section 483 of BNSS, 2023 for releasing him on regular bail during trial in connection with Crime No. 136/2025 registered at Police Station – Arjunda, District –Balod (C.G.) for the offence punishable under Section 137(2), 87, 64(2)(m) of

BNS and Section 6 of the POCSO Act, 2012.

2. The prosecution story, in short, is that the applicant allegedly

taken the victim (minor) without the consent of her lawful guardians and established a physical relationship with her on

2

pretext of marriage. On report being made in this regard, 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 was a consenting party and voluntarily accompanied the applicant as she was a major; they have performed a marriage and the victim is pregnant and wants to live with the applicant. The applicant has no criminal antecedents and has been in jail since 10.01.2026, and the trial is likely to take considerable time to conclude; therefore, the applicant may be released on

bail.

4. On the other hand, learned counsel for the State opposes the

bail application and submitting that at the time of the incident, the victim was a minor and out of total 23 witnesses, only victim has been examined, therefore, at this stage, the applicant

should not be granted bail.

5. Today, the victim along with her maternal grandfather appeared

virtually from the concerned DLSA and recorded ‘no objection’

in granting bail to the applicant.

6. I have heard learned counsel for the parties and perused the

case diary.

7. Considering the facts and circumstances of the case,

particularly the nature and gravity of the offence, and taking into account that the father of the victim has passed away and

3

her mother has re-married, and the victim lives with her maternal grandfather, upon perusal of the court statement of the victim, and also considering the detention period of the

applicant, I find it appropriate to release the applicant on bail.

8. Accordingly, the application is allowed and it is directed 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. 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

Sourabh P.