SAGAR YADAV vs STATE OF CHHATTISGARH

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MCRC No. 6989 of 2026

CGHC010296352026 2026:CGHC:39250
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
ANKIT
KUMAR
SINGH
Digitally signed
by ANKIT
KUMAR SINGH
MCRC No. 6989 of 2026
1 - Sagar Yadav S/o Santram Yadav, Aged About 19 Years, R/o 437,
Mohtara, Ward No. 13, Post- Devargaon, Tehsil Saja, District- Bemetara
(C.G.).
... Applicant
versus
1 - State of Chhattisgarh Through SHO Police Station- Nandani Nagar,
District- Durg, (C.G.)
... Respondent
For Applicant :- Ms. Sweta Burman, Advocate, appears on behalf
of Mr. Avinash Chand Sahu, Advocate.
For State :- Mr. Aman Tamrakar, Panel Lawyer.
Hon'ble Shri Parth Prateem Sahu, Judge
Order on Board
07/09/2026
1. Applicant has filed this first bail application under Section 483 of
Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail as
he has been arrested in connection with Crime No. 303/2025
registered at Police Station – Nandani Nagar, District Durg (C.G.)
for offence punishable under Sections 137(2), 87, 83, 64(2)(M) and
65(1) of B.N.S. 2023, and also under Sections 5(L) & 6 of the
POCSO Act, 2012

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MCRC No. 6989 of 2026
2. As per prosecution case, father of the victim lodged the missing
report of the victim on 24.11.2025, who was aged about 13 years 5
months. Crime was registered against the unknown person. During
the course of investigation Police recovered the victim from the
possession of the applicant in under construction house from Pune
(Maharashtra). Statement of the victim was recorded and applicant
was arrested on 09.12.2025. Hence, this application.
3. Learned counsel for applicant would submit that applicant has not
committed any offence and he has falsely been implicated in crime
in question. Applicant is aged about 19 years and has no criminal
antecedent. She would also submit that there is no allegation made
against the applicant with regard to sexual assault by the victim in
her statement. She would further submit that the charge-sheet has
been filed and the applicant is in jail since 09.12.2025, hence,
application may be allowed and the applicant may be enlarged on
bail.
4. On the other hand, learned State counsel opposes the submission of
learned counsel for applicant and would submit that looking to the
gravity of offence, applicant is not entitled for grant of bail.
However, during the course of argument, on being questioned with
regard to allegation levelled upon the applicant, he submits that it
appears that no allegation has been made by the victim against the
applicant about sexual assault in her statement.

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MCRC No. 6989 of 2026
5. Pursuant to the notice issued by this Court, victim along with her
father appeared present before this Court through virtual mode
from DLSA, Durg. They submitted that they are having no
objection in granting bail to applicant.
6. I have heard learned counsel for the parties and considered their
rival submission made herein above.
7. Taking into consideration, facts and circumstances of the case,
nature of allegation, submission of learned counsel for the parties,
also the fact that victim and her father have no objection in granting
bail to the applicant and further considering the detention period of
the applicant who is in jail since 09.12.2025 and conclusion of the
trial may take some more time, without commenting anything on
merits of the case, I am inclined to allow this bail application.
8. Accordingly, 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 ₹ 25,000/- with one surety in like sum to the
satisfaction of the Court on the conditions that-
(a) 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.
(b) The applicant shall remain present before the trial court
on each date fixed, either personally or through him counsel.
In case of him absence, without sufficient cause, the trial
court may proceed against him under Section 269 of
Bharatiya Nyaya Sanhita.

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MCRC No. 6989 of 2026
(c) 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.
(d) 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
forthwith.
Sd/-
(Parth Prateem Sahu)
Judge
Ankit