Ajit Bharti Vs State of Chhattisgarh — Child Sexual Offences (POCSO) | Chhattisgarh HC (2026)

Ajit Bharti Vs State of Chhattisgarh — Child Sexual Offences (POCSO) | Chhattisgarh HC (2026)

What the court decided

AI extract

Outcome

Dismissed

Issue for consideration

Whether the first bail application of the applicant for grant of regular bail under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 should be allowed, the applicant having been arrested in connection with Crime No. 72/2025 for offences punishable under Sections 137(2), 64(2),(d), 3(5) of BNS and Sections 4 and 6 of POCSO Act.

Court's answer

Taking into consideration the facts and circumstances of the case and the nature of allegations raised against the applicant as stated by the victim in her police statement as also in the report, this Court did not find the present to be a fit case to allow the application and dismissed the first regular bail application.

Detailed headnote1 paragraphs

BAIL REFUSED — REGULAR BAIL UNDER SECTION 483 BHARTIYA NAGRIK SURAKSHA SANHITA, 2023 DISMISSED: First regular bail application of Ajit Bharti (aged about 36 years, married, resident of District Gadhwa, Jharkhand), arrested in connection with Crime No. 72/2025 of Police Chowki Ganeshmod, P.S. Balrampur, District Balrampur-Ramanujganj (C.G.), registered for offences punishable under Sections 137(2), 64(2),(d), 3(5) of the BNS and Sections 4 and 6 of the POCSO Act — dismissed by Parth Prateem Sahu, J. (order on board 02.03.2026; NAFR). As submitted by the State, the victim made a specific allegation of sexual intercourse against the applicant and was aged about 16 years 11 months as on the date of incident; counsel for the applicant urged contradictions in the victim's evidence, hostility towards co-accused Dilkash Raja (enlarged on bail vide order dated 13.11.2025 in MCRC No. 8569 of 2025) and tardy trial progress (only two of 17 witnesses examined; applicant in jail since 30.05.2025, arrest recorded in prosecution narrative as 15.06.2025). Taking into consideration the facts and circumstances of the case and the nature of allegations raised against the applicant as stated by the victim in her police statement as also in the report, the Court held the present not to be a fit case to allow the application and dismissed it.

1

2026:CGHC:10902

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

MCRC No. 596 of 2026

Ajit Bharti S/o Ganesh Ram Aged About 36 Years R/o Gram- Kudrum, P.S.Ranka, And District- Gadhwa, (Jharkhand)

... Applicant

ALFIZA BAIG

Digitally signed by ALFIZA BAIG Date: 2026.03.03 18:13:46 +0530

versus

State Of Chhattisgarh Through Police Chowki- Ganeshmod, P.S.- Balrampur, District- Balrampur-Ramanujganj (C.G.)

	... R	espondent
For Applicant	: Ms. Palak Dwivedi, Advocate along Shubham Dwivedi, Advocate	with Mr.
For Respondent-State	^:Ms. Shailja Shukla, Govt. Advocate

Hon'ble Shri Parth Prateem Sahu, Judge

ORDER ON BOARD

02.03.2026

Applicant has filed this first bail application under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail as he has been arrested in connection with Crime No. 72/2025 registered at Police Chowki Ganeshmod, P.S. Balrampur, District – Balrampur, Ramanujganj, (C.G.) for offence punishable under Section 137(2), 64(2),(d), 3(5) of BNS and Section 4 and 6 of POCSO Act.

2

Case of prosecution in brief is that father of victim lodged a missing report in the concerned Police Station based upon which crime was registered under Section 137(2) of BNS, 2023. During the course of investigation victim was recovered, her statement was recorded by Police and thereafter, other cases were also registered against the present applicant. Applicant was arrested by Police on 15.06.2025.

Learned counsel for applicant submits that applicant has been falsely implicated in the crime, he has not committed offence as alleged. He further submits that from the evidence of victim it is clearly appearing that there are many contradictions in her evidence. She also submits that earlier the allegation was also made against co-accused Dilkash Raja, however, during her cross-examination in the Court as the witness, she turned hostile against the said co-accused and he was enlarged on bail vide order dated 13.11.2025 in a bail application bearing MCRC no. 8569 of 2025. She lastly submits that present applicant is in jail since 30.05.2025, but till date only two witnesses have been examined out of the total 17 witnesses. Trial may likely take some time to conclude, hence applicant be released on bail.

On the other hand, learned State counsel opposes the submission made by learned senior counsel for applicant. She submits that as per the statement of victim before the Police as also the Court evidence she has made specific allegation against the applicant on committing sexual intercourse upon her. Victim was aged about 16 years 11 months only as on the date of incident.

Upon asking learned counsel for applicant would submit that according to her instructions applicant is a married person aged about 36 years.

3

I have heard learned counsel for the parties and perused the documents enclosed along with the bail application.

Taking into consideration the facts and circumstances of the case, nature of allegations raised against the applicant as stated by victim in her police statement as also in the report, I do not find present to be a fit case to allow the application, accordingly, application is dismissed. Certified copy as per rules.

sd/-

(Parth Prateem Sahu) JUDGE

alfiza