HIMANSHU SHARMA vs STATE OF CHHATTISGARH

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CGHC010326642026 2026:CGHC:45317
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 7782 of 2026
1 - Himanshu Sharma S/o Shri Jugal Kishore Sharma Aged About 20
Years R/o Village Amlipadar, Kanya School Road, Police Station
Amlipadar, District Gariyaband, Chhattisgarh Presently Confined In
District Jail, Gariyaband, Chhattisgarh
... Applicant
versus
1 - State Of Chhattisgarh Through Police Station Amlipadar, District
Gariyaband Chhattisgarh
... Non-applicant
For Applicant : Ms. Astha Shukla, Advocate
For Non-applicant
: Mr. Sourabh Sahu, P.L.
/State
Hon’ble Shri Justice Rakesh Mohan Pandey
Order on Board
27/10/2026
1. The applicant has preferred this First Bail Application under Section
483 of the BNSS, 2023 for grant of regular bail, as he has been

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arrested in connection with Crime No. 68/2026, registered at Police
Station Amlipadar, District – Gariyaband (C.G.) for offence
punishable under Sections 75(1), 76, 351(3) of BNS and Sections 8
and 18 of POCSO Act.
2. As per the case of the prosecution, FIR was lodged by the victim on
16/05/2026 that the present applicant sexually harassed the minor
victim, aged about 16 years and 2 months, and also used criminal
force on her with the intent of disrobing her. It was also alleged that
there was a love affair between the applicant and the victim and on
two to three occasions, the applicant tried to sexually harras the
victim. On such complaint, police registered the aforesaid offence
against the present applicant.
3. Ms. Astha Shukla, learned counsel for the applicant, would argue
that in the present case, investigation has been completed and the
victim has already been examined before the trial Court and there
is no chance of tampering with evidence. She would further
contend that charge-sheet has already been filed and the applicant
is in jail since 17/05/2026 and he has no criminal antecedents, thus,
the appellant be released on bail as conclusion of trial is likely to
take some time.
4. On the other hand, Mr. Sourabh Sahu, learned counsel appearing
for the non-applicant/State, would oppose the bail application and
submit that at the time of the incident, the victim was aged about 16
years and 2 months and therefore, the contention of consent of the

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victim would be irrelevant as she was a minor. He would further
submit that serious allegations have been levelled against the
applicant with regard to sexual assault of the minor victim,
therefore, he is not liable to be released on bail.
5. Victim’s father appeared before this Court through video
conferencing from the concerned District Legal Services Authority
(DLSA) and raised serious objection in grant of bail to the applicant.
6. I have heard learned counsel appearing for the parties and perused
the case diary as well as the material available on record.
7. Having considered the fact that investigation has been completed
and victim has already been examined before the trial Court and
there is no chance of tampering with evidence and further
considering that charge-sheet has been filed, the applicant has no
criminal antecedents and he is in jail since 17/05/2026, this Court,
without expressing any opinion on the merits of the case, is of the
considered view that a fit case for grant of regular bail is made out.
Accordingly, the bail application filed by the applicant is allowed .
8. It is directed that in the event of the applicant executing a personal
bond for a sum of Rs.50,000/- with one surety in the like sum to the
satisfaction of the concerned trial Court, he shall be released on
bail, on following conditions :-
(i) he shall not directly or indirectly make any inducement, threat or
promise to any person acquainted with the facts of the case so as
to dissuade him from disclosing such fact to the Court,

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(ii) he shall not act in any manner which will be prejudicial to fair
and expeditious trial, and
(iii) he shall appear before the trial Court on each and every date
given to him by the said Court till disposal of the trial.
9. The observation made herein-above is for the purpose of deciding
this bail application only, the trial Court shall decide the case on its
own merits.
Sd/-
(Rakesh Mohan Pandey)
JUDGE
Harneet