Kheer Sagar Chauhan Vs State of Chhattisgarh

1. This is the second 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. 410/2025 registered at Police Station – Chakradhar Nagar, District Raigarh (C.G.), for the offence punishable under Sections 137(2), 87, 62(2)(m) of BNS and Section 6 of POCSO Act.

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2. The first bail application of the applicant was dismissed on merit by this Court on 08.04.2026 in MCRC No. 2848/2026.

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3. As per the prosecution’s case, on 13.09.2025 complainant lodged a report stating that on 12.09.2025 his minor daughter aged about 17 years and 4 months went to sleep in their home

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Digitally signed by HEERALAL HEERALAL SAHUDate: SAHU 2026.05.12 16:01:54 +0530

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and at about 1:30 am, when they woke up, the victim was not found present on her bed. After searching the girl, when they could not trace out the girl, a report was lodged that some unknown person had allured and taken his minor daughter. During investigation the victim was recovered on 31.01.2025 from the possession of the present applicant at Korba. After recording the statement of the victim, crim was registered against the present applicant.

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4. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He further submits that at the time of dismissal of the first bail, the applicant's trial had not commenced. Now, 1 witness i.e. the victim, has been examined before the Court out of a total of 14 listed witnesses, who has turned hostile and does not support the case of the prosecution. The applicant is in jail since 01.02.2026, and the trial is likely to take considerable time to conclude. Therefore, he prays for the grant of regular bail to the applicant.

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5. On the other hand, learned counsel for the State opposed the bail application and submits that the victim was minor at the time of incident.

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6. The victim appeared through V.C. from the concerned DLSA and recorded no objection to grant of bail to the applicant.

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7. I have heard learned counsel appearing for the parties and perused the case diary.

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8. Considering the facts and circumstances of the case and looking to the Court statement of the victim, and also considering the fact that the victim has recorded no objection to grant of bail to the applicant, the applicant is in custody since 01.02.2026, and the trial is likely to take considerable time, therefore, at this stage, without commenting on merits of the case, I am inclined to release the applicant on bail.

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9. Accordingly, the application is allowed and it is directed that the applicant shall be released on bail on his furnishing a

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personal bond in the sum of Rs. 25,000/- with one surety in the like sum to the satisfaction of the trial Court. The applicant is directed to appear before the 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.

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

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Sd/- (Sanjay Kumar Jaiswal) Judge

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H.L. Sahu

Kheer Sagar Chauhan v. State of Chhattisgarh

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Kheer Sagar Chauhan v. State of Chhattisgarh

Case brief

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