Dwarika Prasad @ Sonu Dubey Vs State of… — Child Sexual Offences (POCSO) | Chhattisgarh HC (2026)

Dwarika Prasad @ Sonu Dubey Vs State of… — Child Sexual Offences (POCSO) | Chhattisgarh HC (2026)

What the court decided

AI extract

Outcome

Regular bail granted; applicant to furnish personal bond of Rs. 20,000/- with one surety in the like sum to the satisfaction of the trial Court and appear on every trial date till disposal of the trial; certified copy of the order to be sent to the trial Court.

Issue for consideration

Whether the applicant, arrested in connection with Crime No. 539/2025 of Police Station Kawardha, District Kabeerdham (CG), for offences punishable under Sections 137(2), 64(2)(m) of BNS and Section 6 of POCSO Act, should be granted regular bail under Section 483 of the BNSS, 2023.

Court's answer

Considering the facts and circumstances, the statements of the prosecutrix recorded before the trial Court, the applicant's incarceration since 27.12.2025, and that conclusion of the trial is likely to take considerable time, and without commenting on the merits of the case, the Court is inclined to release the applicant on bail.

Ratio / Principle

The bail application is allowed: the applicant is to be released on bail on furnishing a personal bond of Rs. 20,000/- with one surety in the like sum to the satisfaction of the trial Court, must appear before the trial Court on each and every date till disposal of the trial, and any observation made in the order shall not affect the trial of the case.

Detailed headnote1 paragraphs

First application for regular bail under Section 483 of the BNSS, 2023 by Dwarika Prasad @ Sonu Dubey (aged about 19 years), arrested in connection with Crime No. 539/2025 of Police Station Kawardha, District Kabeerdham (CG), registered for offences punishable under Sections 137(2) and 64(2)(m) of BNS and Section 6 of POCSO Act, on the allegation that he abducted the minor prosecutrix and committed sexual intercourse with her. Counsel pointed out that the victim, examined as PW-1 before the trial Court, had not clearly supported the prosecution case and per her statement was major, and that the applicant had been in jail since 27.12.2025 with the trial likely to take considerable time; despite notice, no one appeared for the prosecutrix. Without commenting on merits, the Court (Radhakishan Agrawal, J.; order dated 03/07/2026) allowed the bail application, releasing the applicant on a personal bond of Rs. 20,000/- with one surety in the like sum, subject to appearance on every trial date, and clarified that its observations would not affect the trial.

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2026:CGHC:27460

NAFR

HIGH COURT OF CHHATTISGARH, BILASPUR

MCRC No. 3946 of 2026

Dwarika Prasad @ Sonu Dubey S/o Arjun Prasad Dubey Aged About 19 Years R/o Khairjhiti, Chauki- Bazar Charbhantha, Thana- Kawardha, District Kabeerdham Chhattisgarh.

... Applicant

versus

State Of Chhattisgarh Through Sho. Thana- Kawardha, District Kabeerdham Chhattisgarh.

---- Respondent

(Cause title is taken from the CIS)

Digitally signed VASANT by VASANTKUMARDate: KUMAR 2026.07.03 16:08:57 +0530

For Applicant : Mr. Arvind Prasad, Advocate For State-Respondent : Mr. Akash Agrawal, PL

Hon'ble Shri Justice Radhakishan Agrawal

Order on Board

03/07/2026

This is the first bail application filed under Section 483 of the BNSS, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No.539/2025, registered at Police Station Kawardha, District- Kabeerdham (CG) for the

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offence punishable under Sections 137(2), 64(2)(m) of BNS and Section 6 of POCSO Act.

As per prosecution case, the father of the prosecutrix lodged the missing report at the concerned police station with the averment that his daughter is missing and after investigating, it is found that the present applicant was abducted his minor daughter and committed sexual intercourse with her. On the basis of said report, the offence was registered against the applicant.

Learned counsel for the applicant contended that the applicant is an innocent and has been falsely implicated in the said case. He further contended that the victim has examined as PW-1 before the trial Court, wherein she has not clearly supported the case of prosecution and as per her statement, she is major and the appellant has not made physical relation with her and the applicant is in jail since 27.12.2025, and the trial will take considerable time for its conclusion, therefore, the applicant may be released on bail.

Learned State Counsel opposes the submission made by learned counsel for the applicant.

Despite service of notice upon father of the prosecutrix, no one appeared on behalf of the prosecutrix.

I have heard learned counsel for the parties.

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Considering the facts and circumstances of the case, further considering that the statements of the prosecutrix recorded before the trial Court and further considering that the applicant is in jail since 27.12.2025 and that the conclusion of the trial is likely to take considerable time, without commenting on the merits of the case, this Court is inclined to release the applicant on bail.

Accordingly, the bail application is allowed and it is directed that the applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.20,000/- with one surety in the like sum to the satisfaction of the trial Court. The applicant is directed to appear before the concerned trial Court on each and every date to be given to him by the said Court till disposal of the trial. It is made clear that any observation made by this Court in this order shall not affect the trial of the case.

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

Sd/- (Radhakishan Agrawal) Judge

Vasant