Chhattisgarh High Court
MCRC/6056/2026 of RAHUL DAHARIYA Vs STATE OF CHHATTISGARH on 6 September 2026
2026:CGHC:39246 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6056 of 2026 Rahul Dahariya S/o Shri Ashwani Dahariya Aged About 23 Years R/o Bordehi, Police Station Pipariya District- Kabirdham (C.G.) ... Applicant versus State Of Chhattisgarh Through The Station House Officer
CGHC010240422026
2026:CGHC:39246
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 6056 of 2026
Rahul Dahariya S/o Shri Ashwani Dahariya Aged About 23 Years R/o Bordehi, Police Station Pipariya District- Kabirdham (C.G.)
... Applicant
versus
State Of Chhattisgarh Through The Station House Officer Police Station Bodla District Kabirham (C.G.)
... Respondent
For applicant
:
Shri P.K. Patel, Advocate.
For
Respondent/State
:
Shri Hrishikesh Sharma, PL
SB: Hon'ble Shri Parth Prateem Sahu, Judge Order on Board 07/09/2026
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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. 54/2026 registered at Police Station Bodla District Kabirham (C.G.) for the offence punishable under Sections 137(2), 87, 64(2) of BNS, 2023 and
Sections 4 & 6 of the Protection of the Children from Sexual Offences Act, 2012.
2. Case of the prosecution, in brief, is that the father of the victim had lodged the written report in Police Station Bodla District Kabirdham on 16.05.2026, alleging therein that his minor daughter left the house without giving any intimation on 05.01.2026 and uptil she didn't return. Based on the report, the Police had lodged the Missing Person report No. 29/2026 against unknown person and Crime No. 54/2026 for the offence punishable U/s. 137(2) of BNS, 2023. During investigation, the minor girl was recovered from the possession of the applicant at Kawardha. After completion of investigation, the prosecution has filed the final report No. 43/2026 before the learned Court of Special Judge, Kawardha District Kabirdham for the offence punishable u/s 137(2), 87, 64(2) of BNS, 2023 and Section 4 & 6 of the Protection of Children from the Sexual Offences Act, 2012.
3. Learned counsel for the applicant submitted that the applicant has been falsely implicated in this crime, he has not committed any offence of sexual assault with the complainant/victim. During the course of trial the victim is now examined and she has not supported the case of the prosecution. He would submit that applicant is in jail since 17/05/2026, there are as many as 19 witnesses and only two witness were examined till 23/07/2026 and conclusion of trial may take some time, therefore, he prays for grant of bail to the applicant
4. On the other hand, learned State counsel would oppose the submission of learned counsel for the applicant and he would submit that there is specific allegation against the applicant of committing sexual assault in the charge sheet. He however submits that the deposition of the victim relied upon by counsel for the applicant is subject matter of appreciation by the trial court.
5. The victim along with her mother appeared before this Court on 19/08/2026 where she stated that she is having no objection in grant of bail to the applicant.
6. I have heard learned counsel for the parties and perused the materials available on record.
7. Taking into consideration the facts and circumstances of the case, submission of learned counsel for the parties, materials available on record, nature of allegation levelled against the applicant, period of detention of the applicant since 17/05/2026 and also considering the fact that trial is likely to take some time for its conclusion, without commenting anything on the merits of the case, I am inclined to allow this bail application.
8. Accordingly, the bail application is allowed. It is directed that the applicant shall be released on regular bail, upon furnishing a bail bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the Court on the conditions that-
(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.
(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita.
(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita.
(iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of BNSS. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.
9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance. Sd/-
(Parth Prateem Sahu) Judge
gouri