Dismissed¶26

Manoj Dahariya v. State of Chhattisgarh

Chhattisgarh HC18 Aug 2025MCRC/5616/2025

Case brief

AI extract

What is this about?

What did the court decide?

Considering the facts and circumstances of the case, the nature and gravity of the offence and the material available in the case diary, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail; accordingly, the bail application of applicant Manoj Dahariya is rejected. ¶26

Manoj Dahariya Vs State of Chhattisgarh — Child Sexual Offences (POCSO) | Chhattisgarh HC (2025)

What the court decided

AI extract

Outcome

Dismissed

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Issue for consideration

Whether the applicant, arrested in Crime No. 489/2024 (P.S. City Kotwali, Bilaspur) for offences under Sections 137(2), 87, 64, 3(5) of BNS and Sections 4 and 6 of POCSO Act, 2012, deserves to be enlarged on regular bail under Section 483 of BNSS, 2023 in his second bail application.

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Ratio / Principle

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Key takeaways

The Trial Court is expected (hoped and trusted) to make earnest endeavour to conclude the trial expeditiously, if there is no legal impediment.obiter¶27

Detailed headnote1 paragraphs

Regular bail rejected — Manoj Dahariya's second bail application under Section 483 of BNSS, 2023 arising out of Crime No. 489/2024, P.S. City Kotwali, Bilaspur, for offences under Sections 137(2), 87, 64, 3(5) of BNS and Sections 4 and 6 of POCSO Act, 2012 (alleged luring and abduction of a minor girl aged about 13 years and 1 month and development of sexual relations with her; applicant arrested 05.11.2024). His first bail application (MCRC No. 8646 of 2024) had already been dismissed on merits on 14.01.2025. Defence pleaded false implication, absence of kidnapping/physical relationship, pendency of investigation, victim having voluntarily accompanied him, and clean antecedents; the State opposed bail. Holding: considering the facts and circumstances, nature and gravity of the offence and the material in the case diary, the Court (Arvind Kumar Verma, J., 19/08/2025) found it not a fit case to enlarge the applicant on regular bail and rejected the application, while expressing the hope and trust that the Trial Court would conclude the trial expeditiously; Office directed to send a certified copy to the trial Court.

2025:CGHC:41848

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

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MCRC No. 5616 of 2025

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Manoj Dahariya S/o Chander Dahariya Aged About 33 Years R/o Navagaon Dayali, Chowki Dindauri, Police Station Chilfi, District- Mungeli (C.G.)

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... Applicant(s)

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versus

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State Of Chhattisgarh Through Police Station - City Kotwali, District- Bilaspur (C.G.)

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... Respondent(s)

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For Applicant(s)	: Mr.	Achyut Tiwari, Advocate
For Respondent(s)	: Mr. Adv	Rishabh Bisen, Panel Lawyer and Ms. Kiran Sahu, ocate

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Hon’ble Shri Justice Arvind Kumar Verma, Judge

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Order on Board

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19/08/2025

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The applicant has preferred this Second Bail Application under Section 483 of BNSS, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 489/2024, registered at Police Station City Kotwali, District-Bilaspur (CG) for the

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offence punishable under Sections 137(2), 87, 64, 3(5) of BNS and Section 4 and 6 of POCSO Act, 2012.

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The First Bail Application was dismissed on merits by this Court on 14.01.2025 in MCRC No. 8646 of 2024.

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Since, the victim did not appear before this Court though served, therefore, Ms. Kiran Sahu, Advocate who is present in the Court is requested to assist the Court as an amicus curiae.

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The prosecution story in brief, is that the applicant has lured and abducted minor girl aged about 13 years and 1 month at the time of incident and developed sexual relation with the victim. On the report of father of the victim, applicant was arrested on 5.11.2024.

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It was argued by the learned counsel for the applicant that the applicant has been falsely implicated in this case. The applicant neither involved in the commission of kidnapping nor made any physical relationship with the victim, charge sheet has not been filed and investigation will take time, victim herself called the present applicant and willfully went away with him, no previous criminal antecedent against the applicant and he is in jail since 05.11.2024, hence he prays for release on bail to the applicant.

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On the other hand, learned State Counsel opposes the bail application and submits that all the evidences are against the applicant.

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I have heard learned counsel for the parties and perused the case

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diary.

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Considering the facts & circumstances of the case, nature & gravity of the offence, material available in the case dairy, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. Accordingly, the bail application of applicant- Manoj Dahariya involved in Crime No. 489/2024 under Sections 137(2), 87, 64, 3(5) of BNS and Section 4 and 6 of POCSO Act, 2012 at Police Station- City Kotwali, DistrictBilaspur, Chhattisgarh, is rejected .

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However, this Court hopes and trusts that the Trial Court shall make earnest endeavour to conclude the trial expeditiously as soon as possible in accordance with law, if there is no legal impediment.

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

Sd/-

(Arvind Kumar Verma)

JUDGE

Madhurima

Manoj Dahariya v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Manoj Dahariya v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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