Single-bench order allowing regular bail to an applicant arrested in a POCSO case. The High Court noted the victim's lack of prosecution support and allowed bail upon execution of a personal bond.
Release on bail upon execution of a personal bond for Rs. 50,000 subject to conditions of availability for interrogation and non-interference.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Digitally signed by AJINKYA PANSARE Date: 2026.09.16 18:23:01 +0530
1
CGHC010245332026 2026:CGHC:40390
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 5928 of 2026
versus
| For Applicant | : Mr. Hariom Rai, Advocate |
|---|---|
| For Non-Applicant | : Ms. Laxmin Kashyap, P.L. |
Hon’ble Shri Justice Rakesh Mohan Pandey
Order on Board
16.09.2026
1. This is the First bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 28/2026 registered at Police Station : Trikunda, District : Balrampur-Ramanujganj (C.G.) for the offence punishable under Sections 137(2), 96, 87, 64(2)(i), 142, 143, 144 and 3(5) of the Bhartiya Nyaya Sanhita, 2023 and Section 6 of the POCSO Act.
2
2. The prosecution story in brief is that applicant lured the victim by promising to arrange her marriage and also helped the main accused Roop Narayan to get acquainted with the victim. Thereafter, Roop Narayan committed sexual assaulted the victim on several occasions. On the basis of complaint lodged by victim’s father, police registered offence as stated above and arrested the applicant.
3. Learned counsel for the applicant submits that the applicant is a lady and she is not the main accused but she has been falsely implicated in the present case. He further submits that prosecutrix has been examined before the learned Trial Court where she has not supported the case of prosecution. He also submits that the applicant has no criminal antecedents and she is in jail since 04.04.2026, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the present applicant.
4. On the other hand, the learned State counsel opposes the bail application of the present applicant and submits that the present applicant/accused lured the minor girl and helped the main accused Roop Narayan to sexually assault the victim, therefore, the applicant is not entitled for grant of regular bail.
5. I have heard learned counsel for the parties and perused the case diary.
3
6. It transpires that victim appeared before this Court on 13.08.2026 through video conferencing and submitted that she has no objection for grant of bail to the applicant. Considering the facts and circumstances of the case and from perusal of the evidence of the victim recorded before the learned Trial Court, it appears that victim has not supported the case of prosecution and denied the suggestions put forth by the public prosecutor. Also considering the fact that applicant, who is a lady has been in jail since 04.04.2026, the trial is likely to take sometime for its conclusion, I am of the opinion that the applicant is entitled to be released on bail in this case.
7. It is directed that in the event of the applicant executing a personal bond for a sum of Rs. 50,000/- to the satisfaction of the concerned trial Court, she shall be released on bail on the following conditions:-
4
The observation made hereinabove is for the purpose of deciding this bail application only, the learned trial Court shall
decide the case on its own merits.
Sd/- (Rakesh Mohan Pandey) JUDGE
A j i n k y a
3 issues framed by the court
Whether the applicant is entitled to regular bail in a trial for sexual assault involving a minor.
Whether the victim's lack of support for the prosecution warrants bail.
Whether a personal bond satisfies the conditions for release on bail.
1 provisions across 1 enactments
Shrimati Nandkumari W/o Rosh Kumar
Rakesh Mohan Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
