KAMLESH DHIWAR vs STATE OF CHHATTISGARH

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CGHC010249802026
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 6273 of 2026
1 - Kamlesh Dhiwar S/o Rajaram Dhiwar Aged About 22 Years R/o
Gram Souda Daihanpara, Thana- Sakri, Bilaspur (C.G.)
... Applicant
Digitally
signed by
HARNEET
KAUR
Date:
2026.10.27
10:49:27
+0530
HARNEET
KAUR
versus
1 - State Of Chhattisgarh Through Station House Officer, Police Station-
Sakri Bilaspur (C.G.)
... Non-applicant
For Applicant : Ms. Chanchal Verma, Advocate
For Non-applicant/
: Ms. Smriti Shrivastava, P.L.
State
Hon’ble Shri Justice Rakesh Mohan Pandey
Order on Board
26/10/2026
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
arrested in connection with Crime No. 502/2026, registered at

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Police Station Sakri, District – Bilaspur (C.G.) for offence
punishable under Section 74 of BNS and Section 8 of POCSO Act.
2. As per the case of the prosecution, complainant/victim’s father
lodged a report at the Police Station on 01/06/2026 alleging that on
29/05/2026, while he and his wife had gone for work, at around 12
noon, the applicant held victim’s hand and pulled her towards him
and molested her in front of Gram Panchayat. On the basis of the
said complaint, police registered the aforesaid offence against the
applicant.
3. Ms. Chanchal Verma, learned counsel for the applicant, would
argue that the applicant has falsely been implicated in the crime in
question and he has been arrested on the basis of false complaint
made by the complainant as there was some dispute between the
complainant party and the applicant. She would further submit that
the applicant has no previous criminal antecedents; investigation
has already been completed; charge-sheet has already been filed;
the applicant is in jail since 01/06/2026, thus, the appellant be
released on bail as conclusion of trial is likely to take some time.
4. On the other hand, Ms. Smriti Shrivastava, 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 13 years and 11 months and therefore, the
contention of consent of the victim would be irrelevant as she was a
minor. She would lastly submit that the applicant molested the

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minor victim with ill intention, therefore, he is not liable to be
released on bail.
5. On 17/09/2026, complainant/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 facts and circumstances of the case, nature
and gravity of the offence and the allegations made against the
present applicant, particularly considering that the investigation is
complete and charge-sheet has already been submitted; the
applicant is in custody since 01/06/2026, 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,
(ii) he shall not act in any manner which will be prejudicial to fair

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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