Sanjay Harijan Vs State of Chhattisgarh — Child Sexual Offences (POCSO) | Chhattisgarh HC (2026)

Sanjay Harijan 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 furnishing a personal bond of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court, subject to appearing before the trial Court on each and every date till completion of the trial; Office directed to send a certified copy of the order to the trial Court concerned.

Issue for consideration

Whether the applicant, arrested in Crime No.95/2024 (PS Amlipadar, District Gariyaband) for offences punishable under Sections 137(2), 64(2), 87 & 81 of BNS and Sections 4 & 6 of the Protection of Children from Sexual Offences Act, 2012, should be granted regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Court's answer

Taking into consideration the entire facts and circumstances, particularly the court statement of the victim, that of 24 witnesses only the victim had been examined so far, that the applicant was in jail since 17.10.2025, and that the trial was likely to take considerable time, the Court held that a case for grant of bail to the applicant had been made out.

Ratio / Principle

The application for grant of bail was allowed; the applicant is to be released on bail on furnishing a personal bond of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court.

Key takeaways

As a condition of bail, the applicant is directed to appear before the trial Court on each and every date given to him by that Court till completion of the trial.ratio¶26

Detailed headnote1 paragraphs

Bail — Section 483, Bharatiya Nagarik Suraksha Sanhita, 2023 — first regular bail application — applicant arrested in Crime No.95/2024, PS Amlipadar, District Gariyaband (CG), for offences under Sections 137(2), 64(2), 87 & 81 of BNS and Sections 4 & 6 of the Protection of Children from Sexual Offences Act, 2012 — allegation of kidnapping of a minor and sexual intercourse under pretext of marriage — victim examined before trial Court and turned hostile; of 24 witnesses only the victim examined; applicant in custody since 17.10.2025; trial likely to take considerable time — despite victim's virtual-mode objection through DLSA, bail allowed on personal bond of Rs.25,000/- with one surety in the like sum, conditioned on appearance before the trial Court on every date till completion of trial. (High Court of Chhattisgarh at Bilaspur, MCRC No. 937 of 2026, decided 10.02.2026, Sanjay Kumar Jaiswal, J.)

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Digitally BHOLA signed byBHOLANATH NATH KHATAI KHATAI Date:2026.02.11 14:43:29 +0530

2026:CGHC:7436

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

MCRC No. 937 of 2026

Sanjay Harijan S/o Late Sajan Harijan Aged About 25 Years R/o Umarkot, Bhagwati Nagar, Police Station Umarkot, District- Navrangpur (Odisha)

... Applicant

versus

State Of Chhattisgarh Through The Station House Officer, Police Station Amlipadar, District- Gariyaband (C.G.)

... Respondent

For Applicant : Mr. Shivendu Pandya, Advocate For Respondent : Mr. Afroz Khan, P.L.

Hon'ble Shri Justice Sanjay Kumar Jaiswal

Order On Board

10.02.2026

1. The victim along with her parents appeared before this Court today through virtual mode from the concerned DLSA and raised objection in granting bail to the applicant.

2. This is the first bail application filed u/s 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No.95/2024

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registered at Police Station Amlipadar, District Gariyaband (CG) for offence punishable under Sections 137(2), 64(2), 87 & 81 of BNS and Sections 4 & 6 of Protection of Children from Sexual Offences Act, 2012.

3. As per the prosecution case, the applicant knowing well that the victim was a minor, he kidnapped her from the lawful guardianship of her parents and committed sexual intercourse with her under the pretext of marriage. On report being lodged in this regard, the applicant was arrested on 17.10.2025.

4. Learned counsel appearing for the applicant submits that the applicant is innocent and he has been falsely implicated in this case. He submits that the victim has been examined before the trial Court and she not supported the case of prosecution and turned hostile. He further submits that out of total 24 witness, only the victim has been examined till date, the applicant is in jail since 17.10.2025 and there is no likelihood of the trial to be concluded at the earliest. Hence, considering all these facts, the applicant may be released on bail.

5. Learned State counsel, on the other hand, opposing the bail application submits that the victim was minor at the time of incident, she was recovered from the possession of the applicant and considering the nature of offence, the applicant does not deserve to be released on bail.

6. Heard learned counsel for the parties and perused the case diary.

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7. Taking into consideration the entire facts and circumstances of the case, particularly the court statement of the victim and also considering the facts that there are total 24 witnesses, out of which only the victim has been examined so far, the applicant is in jail since 17.10.2025 and there is all possibility of the trial taking considerable time for its conclusion, this Court is of the opinion that a case for grant of bail to the applicant has been made out.

8. Accordingly, the application for grant of bail is allowed . It is directed that the present 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 concerned trial Court. The applicant is directed to appear before the trial Court on each and every date to be given to him by the said Court till completion of the trial.

9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information.

Sd/- ( Sanjay Kumar Jaiswal)

Khatai JUDGE