RAHUL DAHARIYA vs STATE OF CHHATTISGARH

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GOURI
MUDALIAR

CGHC010240422026 2026:CGHC:39246
Digitally signed
by GOURI
MUDALIAR
Date: 2026.09.09
10:56:59 +0530
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 6056 of 2026
Rahul Dahariya S/o Shri Ashwani Dahariya Aged About 23 Years R/o
Bordehi, Police Station Pipariya District- Kabirdham (C.G.)
... Applicant
versus
State Of Chhattisgarh Through The Station House Officer Police Station
Bodla District Kabirham (C.G.)
... Respondent
For applicant : Shri P.K. Patel, Advocate.
For
: Shri Hrishikesh Sharma, PL
Respondent/State

SB: Hon'ble Shri Parth Prateem Sahu, Judge
Order on Board
07/09/2026
1. This is the first bail application filed under Section 483 of the Bharatiya
Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the
applicant who has been arrested in connection with Crime No. 54/2026
registered at Police Station Bodla District Kabirham (C.G.) for the
offence punishable under Sections 137(2), 87, 64(2) of BNS, 2023 and

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Sections 4 & 6 of the Protection of the Children from Sexual Offences
Act, 2012.
2. Case of the prosecution, in brief, is that the father of the victim had
lodged the written report in Police Station Bodla District Kabirdham on
16.05.2026, alleging therein that his minor daughter left the house
without giving any intimation on 05.01.2026 and uptil she didn't return.
Based on the report, the Police had lodged the Missing Person report
No. 29/2026 against unknown person and Crime No. 54/2026 for the
offence punishable U/s. 137(2) of BNS, 2023. During investigation, the
minor girl was recovered from the possession of the applicant at
Kawardha. After completion of investigation, the prosecution has filed
the final report No. 43/2026 before the learned Court of Special Judge,
Kawardha District Kabirdham for the offence punishable u/s 137(2),
87, 64(2) of BNS, 2023 and Section 4 & 6 of the Protection of Children
from the Sexual Offences Act, 2012.
3. Learned counsel for the applicant submitted that the applicant has
been falsely implicated in this crime, he has not committed any offence
of sexual assault with the complainant/victim. During the course of trial
the victim is now examined and she has not supported the case of the
prosecution. He would submit that applicant is in jail since 17/05/2026,
there are as many as 19 witnesses and only two witness were
examined till 23/07/2026 and conclusion of trial may take some time,
therefore, he prays for grant of bail to the applicant
4. On the other hand, learned State counsel would oppose the
submission of learned counsel for the applicant and he would submit
that there is specific allegation against the applicant of committing

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sexual assault in the charge sheet. He however submits that the
deposition of the victim relied upon by counsel for the applicant is
subject matter of appreciation by the trial court.
5. The victim along with her mother appeared before this Court on
19/08/2026 where she stated that she is having no objection in grant of
bail to the applicant.
6. I have heard learned counsel for the parties and perused the materials
available on record.
7. Taking into consideration the facts and circumstances of the case,
submission of learned counsel for the parties, materials available on
record, nature of allegation levelled against the applicant, period of
detention of the applicant since 17/05/2026 and also considering the
fact that trial is likely to take some time for its conclusion, without
commenting anything on the merits of the case, I am inclined to allow
this bail application.
8. Accordingly, the bail application is allowed. It is directed that the
applicant shall be released on regular bail, upon furnishing a bail bond
in the sum of Rs.25,000/- with one surety in the like sum to the
satisfaction of the Court on the conditions that-
(i) The applicant shall file an undertaking to the effect
that he shall not seek any adjournment on the dates
fixed for evidence when the witnesses are present in
court. In case of default of this condition, it shall be
open for the trial court to treat it as abuse of liberty of
bail and pass orders in accordance with law.
(ii) The applicant shall remain present before the trial
court on each date fixed, either personally or through

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his counsel. In case of his absence, without sufficient
cause, the trial court may proceed against him under
Section 269 of Bharatiya Nyaya Sanhita.
(iii) In case, the applicant misuses the liberty of bail
during trial and in order to secure his presence,
proclamation under Section 84 of BNSS. is issued and
the applicant fails to appear before the court on the date
fixed in such proclamation, then, the trial court shall
initiate proceedings against him, in accordance with law,
under Section 209 of the Bharatiya Nyaya Sanhita.
(iv) The applicant shall remain present, in person,
before the trial court on the dates fixed for (i) opening of
the case, (ii) framing of charge and (iii) recording of
statement under Section 351 of BNSS. If in the opinion
of the trial court absence of the applicant is deliberate or
without sufficient cause, then it shall be open for the trial
court to treat such default as abuse of liberty of bail and
proceed against him in accordance with law.
9. Office is directed to send a certified copy of this order to the trial Court
concerned for necessary information and compliance.
Sd/-
(Parth Prateem Sahu)
Judge

gouri