Kailash Barle Vs State of Chhattisgarh

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. 88/2025 registered at Police Station – Fingeshwar, District – Gariyaband (C.G.) for the offence punishable under Section 137(2), 142, 3(5), 64(2), 69, 87 of BNS, 2023 and Section 4, 6, 17 of POCSO Act, 2012.

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The case of the prosecution is that the father of the victim lodged a report at Police Station Fingeshwar, alleging that his minor daughter was missing. Based on this report, an offence under Section 137(2) of the Bharatiya Nyaya Sanhita (BNS) was registered against unknown persons. During the investigation, the victim was recovered from the custody of the accused, Leelaram Banjare (brother-in-law (सा�ला�) of the applicant). The allegation against the present applicant is that he allowed the accused Leelaram Banjare and the victim to stay in his house in Bhopal. Based on this allegation, an offence has been registered against the applicant.

Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the case. It is further submitted that the main accused is Leelaram Banjare, and there are no specific allegations against the applicant. The applicant has no criminal antecedents and has been in jail since 22.04.2025. There is no likelihood of his case being decided in the near future, therefore, the present applicant may be released on bail.

On the other hand, the learned counsel for the State opposed the bail application, submitting that at the time of the incident, the victim was 16 years and 8 months old. Although the charge sheet has been filed, the charges have not been framed Therefore, at this stage, the applicant may not be released on bail.

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The victim along with her father appeared virtually from the concerned DLSA and raised her objection in granting bail to the applicant.

Considering the entire facts and circumstances of the case, particularly looking to the material available on record and the evidence against the applicant, further considering the fact that the trial has not yet commenced, therefore, at this stage, I am not inclined to release the applicant on bail.

Accordingly, the bail application filed under Section 483 of BNSS, 2023 is rejected .

Office is directed to sent a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith.

Sd/- (Sanjay Kumar Jaiswal) Judge

Sourabh P.

Kailash Barle v. State of Chhattisgarh