MCRC/5749/2026 of KAMAL VERMA Vs STATE OF CHHATTISGARH on 8 October 2026

1. Heard.

2. The victim along with her mother present before this Court and raised no objection for grant of bail to the present applicant.

3. This is the First bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 94/2026 registered at Police Station Champa, District Janjgir Champa (C.G.) for the offence punishable under Section 137(2), 87, 64(2) (m) of the Bhartiya Nyaya Sanhita, 2023 and Section 4 & 6 of the POCSO Act.

4. The prosecution story, in brief, is that on 06.03.2026, the mother of the victim lodged a report at Police Station Champa, stating that her minor daughter had been missing since 05.03.2026 and expressing suspicion that the present applicant had abducted her. On the basis of the report, the police registered an FIR on the same day. During the course of investigation, the victim was recovered, and the present applicant was arrested. Hence, the present bail application.

5. Learned counsel appearing for the applicant would submit that the applicant is innocent and has falsely been implicated in the present case. He would further submit that the victim left her house voluntarily and the applicant has not committed any offence as alleged. It is contended that the victim has already been examined and has not supported the case of the prosecution. He would submit that the charge-sheet has already been filed, the victim has no objection to the grant of bail, and the applicant is in jail since 09.03.2026. He would contend that conclusion of the trial may take some time, thus, he prays for grant of regular bail to the present applicant.

6. On the other hand, learned State counsel opposes the bail application and submits that the applicant is accused of abducting the victim, who was below 18 years of age at the time of the incident. She would, therefore, pray for rejection of the bail application.

7. I have heard learned counsel for the State and perused the case diary.

8. Considering the facts and circumstances of the case, the nature of the allegations, and the submissions made by learned counsel for the parties, it appears that the victim has already been recovered and examined before the learned Trial Court and, as submitted by learned counsel for the applicant, she has not supported the case of the prosecution. It is further borne out from the record that the investigation has been completed and the charge-sheet has already been filed. Learned counsel for the applicant has also submitted that the victim has no objection to the grant of bail. Further, the applicant is in jail since 09.03.2026, and the conclusion of the trial is likely to take considerable time. Taking into consideration the aforesaid facts and circumstances, without expressing any opinion on the merits of the case, I am inclined to allow the bail application. Accordingly, the bail application is allowed.

9. It is directed that in the event of the applicant executing a personal bond for a sum of Rs. 50,000/- each with one surety in the like sum to the satisfaction of the concerned trial Court, they shall be released on bail on the following conditions:-

(a) he shall make himself available for interrogation by the police officer as and when required; (b) he shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court; and

(c) he shall not act in any manner which will be prejudicial to a fair and expeditious trial. The observation made hereinabove is for the purpose of deciding this bail application only, the learned trial Court shall decide the case on its own merits. The deciding this bail application only, the learned trial Court shall decide the on its own merits. Sd/SSd/-d./--Sd/- -

Sd/-

(Rakesh Mohan Pandey)

JUDGE Rekha