Ashish Bhagat Vs State of Chhattisgarh

The accused/applicant has moved this first bail application under Section 483 of BNSS, 2023 for releasing him on regular bail during trial in connection with Crime No. 497/2025 registered at Police Station – Chakradharnagar, District – Raigarh (C.G.) for the offence punishable under Section 78(2), 333 of BNS and Section 12 of the POCSO Act, 2012.

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The prosecution story, in brief, is that, the victim's father filed a written report at Police Station Chakradhar Nagar, Raigarh, stating that his daughter (the victim), aged about 13 years, is a

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7th-class student. She uses her mother's mobile for school studies and operates an Instagram account. On 08.11.2025, the school informed them that a boy claiming to be Vikas Jaiswal had come to pick up his daughter, and they had detained him. Upon inquiry, the boy identified himself as Ashish Bhagat, son of Mohan Bhagat. He had been chatting with the victim on Instagram for several days, starting from 04.11.2025. On 08.11.2025, he messaged her, stating he would pick her up from school and take her somewhere. The victim had deleted the message out of fear. Ashish Bhagat arrived at the school in car CG 13 AS 6819, claiming to be Vikas Jaiswal, a relative of the victim, and attempted to take her away with wrong intentions. Based on the said complaint, a case (Crime No. 497/2025) was registered at Police Station Chakradhar Nagar under Section 78(2) of the Bharatiya Nyaya Sanhita and Section 12 of the Protection of Children from Sexual Offences Act.

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Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the case with no connection to the alleged offence. He further submits that the prosecution story itself demonstrating that no such offence was committed by the applicant. The applicant has no criminal antecedents and has been in jail since 09.11.2025 and the trial is likely to take considerable time to conclude, therefore, the present applicant may be released on bail.

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On the other hand, learned counsel for the State opposes the bail application and submitting that at the time of the incident,

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the victim was a minor, aged about 13 years, and the trial has not yet commenced, therefore, at this stage, the applicant should not be granted bail.

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Today, the parents of the victim appeared virtually from the concerned DLSA and recorded ‘no objection’ in granting bail to the applicant.

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

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Considering the facts and circumstances of the case, particularly the nature and gravity of the offence, and taking into account that the trial has not yet commenced, I find it appropriate to release the applicant on bail at this stage.

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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. 25,000/- with one surety in the like sum to the satisfaction of the trial Court. 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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Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/-

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(Sanjay Kumar Jaiswal) Judge

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Sourabh P.

Ashish Bhagat v. State of Chhattisgarh

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Ashish Bhagat v. State of Chhattisgarh

Case brief

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