Srawan Kumar Dhiwar Vs State of… — Child Sexual Offences (POCSO) | Chhattisgarh HC (2026)

Srawan Kumar Dhiwar Vs State of… — Child Sexual Offences (POCSO) | Chhattisgarh HC (2026)

What the court decided

AI extract

Outcome

Regular bail granted: release upon furnishing a bond of Rs. 25,000/- with one surety in the like sum to the satisfaction of the trial Court, for appearance before the said Court as and when directed.

Issue for consideration

Whether regular bail under section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 should be granted to the applicant, accused in Crime No. 409 of 2025 (Police Station Vidhan Sabha, Raipur) for offences u/s 137(2), 87, 64(1) of BNS, Section 4(1) of the POCSO Act and Section 3(2)(5) of the SC/ST (Prevention of Atrocities) Act, 1989.

Court's answer

Considering the submissions of counsel for the parties and the court statements of the victim and her father, and expressly without observing anything on the merits of the case, the Judge was inclined to release the applicant on regular bail.

Ratio / Principle

The bail application was allowed and the applicant Srawan Kumar Dhiwar was directed to be released on regular bail on furnishing a bond 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.

Detailed headnote1 paragraphs

HIGH COURT OF CHHATTISGARH AT BILASPUR — MCRC No. 10305 of 2025 (Hon’ble Shri Justice Sanjay Kumar Jaiswal), Order dated 12.01.2026. First bail application under section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for regular bail by Srawan Kumar Dhiwar (aged about 19 years, Chapora, Raipur), accused in Crime No. 409 of 2025 of Police Station Vidhan Sabha, District Raipur, charged u/s 137(2), 87 and 64(1) of BNS, Section 4(1) of the POCSO Act and Section 3(2)(5) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. Prosecution story: on 11.08.2025 the applicant allured and forcibly took away the complainant-father’s minor daughter, bringing her back to the police station on 12.08.2025; during investigation the victim alleged forcible sexual intercourse. Applicant’s counsel urged that the victim and her father, when examined before the Court, had turned hostile; that the victim admitted in cross-examination to having accompanied the applicant willingly and giving the police statement under parental pressure; that age-proof of the stated-minor prosecutrix was not proved; and that with only 2 of 14 witnesses examined since custody began on 23.08.2025 there was no immediate prospect of trial completion. The victim and her father, present in person, stated they had no objection to bail. Granting bail without observing anything on the merits, the Court directed release on a bond of Rs. 25,000/- with one surety in the like sum, to the satisfaction of the trial Court, with appearance as directed.

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ALLENA	Digitally signed by ALLENA ANNAJEE
ANNAJEE	RAO
RAO	Date: 2026.01.13 14:37:04 +0530

2026:CGHC:1807

HIGH COURT OF CHHATTISGARH AT BILASPUR

MCRC No. 10305 of 2025

Srawan Kumar Dhiwar S/o Lt. Shiv Kumar Dhiwar Aged About 19 Years R/o Village - Chapora, Thana- Vidhansabha, District - Raipur (C.G.)

... Applicant

versus

State of Chhattisgarh through - Police of Police Station Vidhan Sabha District Raipur (C.G.) ... Respondent

For the applicant : Mr. Akash Ahuja, Advocate For the State : Mr. Kalpesh Ruparel, Panel Lawyer

(Hon’ble Shri Justice Sanjay Kumar Jaiswal)

Order on Board

12.01.2026

1. This is first bail application filed under section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant in Crime No.409 of 2025 registered at Police Station Vidhan Sabha, District Raipur (CG) for the offences u/s 137(2), 87, 64(1) of BNS and Section 4(1) of the POCSO Act and Section 3(2)(5) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

2. The prosecution story, in brief, is that the father of victim has filed a written report that on 11.08.2025 the applicant has allured and forcibly taken away his minor daughter from his lawful custody and on the next day i.e., 12.8.2025 the applicant brought her to the police station and left her there, on the basis of which, offence was registered. During investigation,

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the victim has alleged that the applicant took her away saying that he is loving her and committed forcible sexual intercourse.

3. Learned counsel for the applicant submits that the victim and her father have been examined before the Court and turned hostile to the prosecution case. He further submits that the victim has stated in her cross examination that she herself had accompanied the applicant and the statement was given before the police on the pressure of her parents etc. He further submits that although the prosecutrix is stated to be minor, yet the evidence of correct age has not been proved. He further submits that the applicant is in jail since 23.08.2025 and till date out of a total 14 witnesses, only 2 have been examined and and there is no immediate possibility of disposal of case, therefore, he may be enlarged on bail.

4. On the other hand, learned State Counsel opposes the bail application and submits that the applicant was minor at the time of incident.

5. The victim along with her father are present in person and stated that they have no objection to grant bail.

6. Having considered the submissions made by learned counsel for the parties and further considering the court statements of victim and her father, without observing anything on merits of the case, I am inclined to release the applicant on regular bail.

7. Accordingly, the bail application is is allowed and the applicant Srawan Kumar Dhiwar is directed to be released on bail on his furnishing a 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.

Cc as per rules.

Sd/(Sanjay Kumar Jaiswal) Judge

Rao