KAILASH @ BINNU vs STATE OF CHHATTISGARH

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CGHC010332232026 2026:CGHC:45239
NAFR
KUNAL
DEWANGAN
HIGH COURT OF CHHATTISGARH AT BILASPUR
Digitally
signed by
KUNAL
DEWANGAN
MCRC No. 8093 of 2026
Kailash @ Binnu S/o Ramkeshwar Agariya Aged About 21 Years R/o
Village - Majhla, P.S. Sonhat, Distt. Koriya (C.G.)
... Applicant(s)
versus
State Of Chhattisgarh Through Police Station Chirmiri, District -
Manendragarh-Chirmiri-Bharatpur (C.G.)
... Non-Applicant(s)
For Applicant : Mr. Hemand K. Agrawal, Advocate.
For Non-Applicant/State : Mr. Jitendra Shrivastava, Govt. Advocate.
Hon'ble Mr. Rakesh Mohan Pandey, Judge
Order on Board
27/10/2026
1. The applicant has preferred this First Bail Application under Section
483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, for grant of
regular bail, as he has been arrested in connection with Crime No.
215/2026, registered at Police Station Chirmiri, District
Manendragarh-Chirmiri-Bharatpur (C.G.), for the offences
punishable under Sections 137(2), 87 and 65(1) of the BNS and
Sections 4 and 6 of the POCSO Act.
2. The prosecution story, in brief, is that upon receipt of a hospital

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memo regarding a minor victim being five months pregnant, the
police conducted an enquiry, during which the victim disclosed that
the applicant, who was known to her for the last four years,
allegedly committed sexual assault upon her on 27.09.2024.
Thereafter, in May 2025, the applicant allegedly induced her on the
pretext of marriage and took her to Mathla, Sonhat, where they lived
together for about one year and he continued to establish physical
relations with her, resulting in her pregnancy. Based upon the said
allegations, the aforesaid offence was registered against the
applicant.
3. Learned counsel for the applicant would submit that the applicant is
innocent and has been falsely implicated in the present case. He
would further submit that the victim along with her mother have
already been examined before the learned trial Court and both have
not supported the prosecution case, whereupon they were declared
hostile. It is further submitted that the parents of the victim have
expressed their no objection to the grant of bail to the applicant
before the learned trial Court and the applicant is in jail since
21.05.2026 and the conclusion of trial is likely to take some time.
Therefore, he prays for grant of bail.
4. On the other hand, learned State counsel would oppose the prayer
for grant of bail and submit that although the victim along with her
mother have been examined before the learned trial Court and have
not supported the prosecution case, serious allegations of sexual
assault upon a minor resulting in pregnancy have been levelled

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against the applicant. Considering the nature and gravity of the
offences, the applicant is not entitled to be released on bail.
5. In compliance with the order passed by this Court, the mother of the
victim appeared through video conferencing from the concerned
District Legal Services Authority (DLSA) and expressed her no
objection to the 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 offences alleged against the applicant, particularly
the fact that the victim along with her mother have already been
examined before the learned trial Court and have not supported the
prosecution case, whereupon they were declared hostile and victim
denied the allegations levelled against the applicant, the mother of
the victim has also appeared before this Court through video
conferencing from the concerned DLSA and expressed her no
objection to the grant of bail, the applicant is in jail since 21.05.2026
and the conclusion of trial is likely to take some time, thus without
further commenting upon the merits of the case, this Court is of the
considered view that the applicant deserves to be released on
regular bail.
8. Accordingly, the bail application of the applicant is allowed . 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

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on the 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 and expeditious trial, &
(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.
- S/- Sd/-
(Rakesh Mohan Pandey)
Judge
Kunal