NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1588 of 2026 

Dinesh Dubey @ Dauaa S/o Radhe Dubey Aged About 25 Years Resident Of Village- Kodapuri, Police Station Sakri District- Bilaspur (C.G.)

... Applicant versus 

State Of Chhattisgarh Through- Police Station Chakarbhata District- Bilaspur (C.G.)

... Non-applicant For Applicant :Mr. Sanjeev Verma, Advocate For State/Non-applicant :Mr. Aman Tamrakar, P.L.

Hon'ble Shri Justice Sanjay Kumar Jaiswal

Order on Board

09.03.2026

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. 68/2025 registered at Police Station - Chakarbhata, District - Bilaspur (C.G.), for the offence punishable under Sections 137(2), 87, 64(2)(M), 65(1) of BNS, 2023 and Section 6 of POCSO Act.

2.

The prosecution's case, in brief, is that on 13.02.2025 complainant, the mother of victim lodged a complaint at Police Station Chakarbhata that since 13:00 hrs of 13.02.2025, victim left her house without informing anyone, and despite searching, her whereabouts could not be found. Later, during the investigation, the victim was recovered from the possession of the present applicant from Rajgurunagar, Pune (Maharashtra) on 07.06.2025, and it was also revealed that both have made physical relation with each other and the applicant was arrested for the aforesaid offence. After completion of the investigation, a charge-sheet was filed.

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 applicant. He next submits that the victim has not been examined despite repeated summons and as per ossification report victim is 16 to 18 years old and her mother has been examined. The applicant has no criminal antecedents and has been in jail since 07.06.2025 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 12 witnesses, only 01 has been examined till date, therefore, at this stage, the applicant should not be released on bail.

5.

The victim’s mother has appeared before this Court along with Ms. Preeti Yadav, Advocate and recorded ‘objection’ in granting bail to the applicant.

6.

I have heard learned counsel appearing for the parties and perused the case diary.

7.

Perusal of ordersheet of learned Trial Court would reveal that victim has not been examined despite repeated summons, thus it can be safely construed that victim has not supported the trial.

8.

Considering the facts and circumstances of the case, the nature and gravity of the offence, and on perusal of the court statement of the victim’s mother and the fact that the applicant has been in jail since 07.06.2025, out of 12 witnesses, only 01 (mother of victim) has been examined and victim has not been examined till date, and the trial is likely to take considerable time to conclude, I find it appropriate to release the applicant on bail.

9.

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.

10.

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 A j i n k y a Digitally signed

by AJINKYA

PANSARE

Date: 2026.03.10