Yash Kumar Nishad Vs State of Chhattisgarh — Child Sexual Offences (POCSO) | Chhattisgarh HC (2026)

Yash Kumar Nishad 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, for appearance before the said Court as and when directed.

Issue for consideration

Whether the Applicant, arrested in connection with Crime No. 105/2025 of P.S. Sanaud, District Balod, for offences punishable under Sections 331(4), 74, 75, 76 of BNS and Sections 8 & 12 of the POCSO Act, 2012, should be enlarged on regular bail.

Court's answer

Considering the facts and circumstances of the case, the evidence collected by the prosecution, the detention period of the applicant, the statements of the victim and her mother and sister-in-law (who turned hostile), and the likelihood of the trial taking time to conclude, and without commenting further on merits, the Court was inclined to release the applicant on bail.

Ratio / Principle

The bail application is allowed.

Key takeaways

Bail is directed to be released on execution of a personal bond of Rs. 20,000/- with one solvent surety for the like sum to the satisfaction of the Trial Court, for appearance before the said Court as and when directed.ratio¶9

Detailed headnote1 paragraphs

High Court of Chhattisgarh (Bilaspur), single Judge (Sanjay Kumar Jaiswal, J.), allowed the first regular bail application under Section 483 of the Bharatiya Nagrik Suraksha Sanhita Act 2023 of an applicant arrested in Crime No. 105/2025 of P.S. Sanaud, District Balod, for offences punishable under Sections 331(4), 74, 75, 76 of BNS and Sections 8 & 12 of the POCSO Act, 2012, arising from an allegation that on 24.10.2025 he entered the house of a victim below 16 years, grabbed her hands while she slept and pulled at her clothes intending to outrage her modesty. On 06.02.2026 the victim and her father appeared virtually and recorded 'no objection' to bail. The victim, her mother and her sister-in-law, examined before the Trial Court, turned hostile; only 6 of 17 prosecution witnesses had been examined; the applicant was in custody since 24.10.2025. Despite the State pointing to the named FIR, the minor victim and one prior criminal case, bail was granted on a personal bond of Rs. 20,000/- with one solvent surety for the like sum, without comment on merits.