Allowed¶24

Gopi Khare v. State of Chhattisgarh

Chhattisgarh HC11 May 2026MCRC/4152/2026

Case brief

AI extract

What is this about?

MCRC No. 4152 of 2026, High Court of Chhattisgarh, Bilaspur; decided 12/05/2026 by Justice Sanjay Kumar Jaiswal. Regular bail under S. 483 BNSS Act 2023 granted to Gopi Khare in Crime No. 252/2025, P.S. Sigitti/Sirgitti, Bilaspur — charges under Ss. 137(2), 87, 64(2)(m), 65(1) BNS and Ss. 3/4, 5(1), 6 POCSO Act 2012 (minor victim, kidnapping/sexual offence allegations). Victim and mother objected virtually; earlier bail bid dismissed as withdrawn (MCRC 1318/2026, order dt. 20.02.2026); only 2 of 22 witnesses examined; bail on Rs. 20,000/- personal bond + one surety, without comment on merits.

What did the court decide?

Regular bail granted: applicant to be released on executing a personal bond of Rs. 20,000/- with one solvent surety for the like sum, to the satisfaction of the Trial Court. ¶24

Gopi Khare Vs State of Chhattisgarh — Child Sexual Offences (POCSO) | Chhattisgarh HC (2026)

What the court decided

AI extract

Outcome

Regular bail granted: applicant to be released on executing a personal bond of Rs. 20,000/- with one solvent surety for the like sum, to the satisfaction of the Trial Court.

¶24

Issue for consideration

Whether the applicant, arrested in Crime No. 252/2025 of P.S. Sigitti, Bilaspur, for offences punishable under Sections 137(2), 87, 64(2)(m) & 65(1) of BNS and Sections 3/4, 5(1) & 6 of the POCSO Act, 2012, should be enlarged on regular bail under Section 483 of the Bhartiya Nagrik Suraksha Sanhita Act 2023.

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Court's answer

Taking into account the facts and circumstances of the case, the prosecution evidence, the applicant's period of detention, the victim's statement recorded before the Court, and the likelihood of the trial taking further time, the Judge was inclined to release the applicant on bail, expressly without commenting on the merits of the case.

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Ratio / Principle

The 2nd bail application under Section 483 of the Bhartiya Nagrik Suraksha Sanhita Act 2023 was Allowed.

¶24

Key takeaways

The applicant was directed to be released on bail on executing a personal bond of Rs. 20,000/- with one solvent surety for the like sum, to the satisfaction of the Trial Court, and to appear before that Court as and when directed.ratio¶25

Detailed headnote1 paragraphs

Chhattisgarh High Court (Sanjay Kumar Jaiswal, J.), 12/05/2026 — Allowed the 2nd regular-bail application under Section 483, Bhartiya Nagrik Suraksha Sanhita Act 2023, of Gopi Khare (aged about 22), arrested on 31.07.2025 in Crime No. 252/2025 of P.S. Sigitti, Bilaspur, for offences under Sections 137(2), 87, 64(2)(m) & 65(1) BNS and Sections 3/4, 5(1) & 6, POCSO Act, 2012 (alleged inducement of a minor victim and sexual intercourse; victim recovered during investigation). Earlier bail application had been dismissed as withdrawn on 20.02.2026 in MCRC No. 1318/2026. The victim and her mother appeared virtually and objected to bail. Bail was granted, expressly 'without commenting on the merits', on consideration of the prosecution evidence, the period of detention, the victim's statement before the Court and the slow pace of trial; applicant to furnish personal bond of Rs. 20,000/- with one solvent surety of like sum.

2026:CGHC:22305

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

¶5

MCRC No. 4152 of 2026

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Gopi Khare S/o Bholaram Khare Aged About 22 Years R/o Nearby Sant Ravidas Tempel Karbala Road P.S. City Kotwali District- Bilaspur (C.G.)

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... Applicant

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versus

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State Of Chhattisgarh Through Station House Officer, Police Station Sirgitti , District- Bilaspur (C.G.)

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... Respondent For Applicant : Mr. Pramod Ku. Navratna, Adv. For Respondent/State : Ms. Deepeshwari Mahilwar, P.L.

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Hon'ble Shri Justice Sanjay Kumar Jaiswal

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Order On Board

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12/05/2026

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The victim along with her mother appeared virtually and recorded ‘objection’ in granting bail to the applicant.

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The applicant has preferred this 2^nd bail application under Section 483 of Bhartiya Nagrik Suraksha Sanhita Act 2023 for grant of regular bail as he is arrested in connection with crime No. 252/2025, registered at Police Station – Sigitti, District- Bilaspur (C.G.) for offence punishable under Sections 137(2), 87, 64(2)(m) & 65(1) of BNS and Sections 3/4, 5(1) & 6 of the POCSO Act, 2012.

¶16

First bail of the applicant was dismissed as withdrawn vide order dated 20.02.2026 passed in MCRC No.1318/2026.

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The prosecution's case, in short is that the applicant induced the minor victim and took her with him. It is also alleged that the applicant

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committed sexual intercourse with the minor victim. During course of investigation, the victim was recovered from the possession of the applicant. Based on above, offence has been registered against the applicant and he was arrested on 31.07.2025.

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Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the crime in question. The victim has examined before the Trial Court and she turned hostile. There was a love affair between the applicant and the victim and she was a consenting party. He further submits that the victim herself joined the company of the applicant on her own free will. The applicant is in jail since 31.07.2025, out of 22 prosecution witnesses only 2 have been examined till date and the trial is likely to take time to be finalized, therefore, it is prayed that the applicant may be enlarged on bail.

¶21

Per contra, learned Counsel appearing on behalf of the State opposes the bail application and submits that at the time of incident, the victim was minor, therefore, looking to the nature of offence, the applicant may not be released on bail.

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I have heard learned Counsel appearing for the parties and perused the material available on record.

¶23

Considering the facts and circumstances of the case, the evidence collected by the prosecution, the period of detention of the applicant, the statement of the victim recorded before the Court, and the fact that the trial is likely to take time to conclude, without commenting on the merits of the case, I am inclined to release the applicant on bail.

¶24

Accordingly, the bail application is Allowed .

¶25

It is directed that the applicant shall be released on bail on executing a personal bond for a sum of Rs. 20,000/- with one solvent surety for the like sum to the satisfaction of the Trial Court for his appearance before the said Court as and when directed.

¶26

Sd/- (Sanjay Kumar Jaiswal) Judge

¶27

Shubham

Gopi Khare v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Gopi Khare v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

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What the court decided

Issues for consideration

Statutes considered

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