Pawan Kumar Burman Vs State of Chhattisgarh

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CGHC010185812026

2026:CGHC:28471

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

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MCRC No. 4441 of 2026

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ABHIGYASAXENA Digitallysigned byABHIGYA SAXENA

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1 - Pawan Kumar Burman S/o Narayan Barman Aged About 22 Years R/o Village Rajpur Mauhar Tehsil Mungeli Police Station Fasterpur District Mungeli C.G.

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... Applicant(s)

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versus

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1 - State Of Chhattisgarh Through -S.H.O. Police Station Khairagrh, District Khairagarh, Chhuikhadan Gandai C.G.

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... Respondent(s)

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For Applicant : Mr. Lalit Jangde, Advocate For State : Mr. Ram Narayan Sahu, Dy. G.A. For Objector : Mr. Narendra Kumar Gendle, Advocate

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(Hon’ble Shri Justice Radhakishan Agrawal)

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Order on Board

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09.07.2026

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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.29/2026 registered at Police Station – Khairagarh District Khairagarh Chhuikhadan Gandai C.G., for the offence punishable under Sections 137(2), 64(2)(m) & 87 of Bhartiya Nayay Sanhita and

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2

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Sections 4 & 6 of Protection of Children from Sexual Offences Act.

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2. The first bail application of the applicant was dismissed as withdrawn with liberty to revive the same vide order dated 22.04.2026 passed in MCRC No.3619/2026.

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3. The prosecution case, in brief, is that on 26.01.2026 at about 3:53 p.m., the complainant lodged a written report at Police Station Khairagarh stating that his daughter, aged about 17 years and 10 months, had left the house on 16.01.2026 at about 10:00 a.m. and had thereafter gone missing. Suspecting that some unknown person had abducted her, he reported the matter to the police. During the course of the investigation, the prosecutrix was recovered from the custody of the accused. Thereafter, the police conducted the investigation and, upon completion thereof, filed the charge-sheet against the accused.

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4. In compliance of order dated 15.05.2026, the victim is present through video conferencing from the concerned DLSA, and on being asked, they have raised ‘no objection’ to the application filed by the applicant for grant of bail.

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5. Learned counsel appearing for the complainant also raised ‘no objection’ to the application filed by the applicant for grant of bail.

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6. Learned counsel for the applicant submits that the applicant is innocent person and has been falsely implicated in the present case. He further submits that the applicant has not committed any offence.

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It is also submitted that the victim and her mother has already been examined before the trial Court as PW- 02 and PW-01 respectively and have not supported the case of the prosecution. He further submits that at the time of alleged incident, she was major and stated that the applicant has denied the incident. He also submits that the applicant is in jail since 01.02.2026 and that the conclusion of the trial is likely to take some time. Therefore, it is prayed that the applicants be granted regular bail.

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7. On the other hand, learned counsel for the State opposes the bail application.

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8. I have heard learned counsel appearing for the parties.

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9. Considering the facts and circumstances of the case, the statement of the prosecutrix recorded before the trial Court, the facts that the victim has no objection and further considering that the applicant has been in custody since 01.02.2026 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 applicants on bail.

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10. Accordingly, the 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 them by the said Court till disposal of the trial. It is made clear that

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any observation made by this Court in this order shall not affect the

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trial of the case.

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11. 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/-

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(Radhakishan Agrawal) Judge