BHOLESHWAR THAKUR vs STATE OF CHHATTISGARH

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CGHC010317622026 2026:CGHC:44897
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 7574 of 2026
1 - Bholeshwar Thakur S/o. Devendra Thakur, Aged About 24 Years
R/o. Parastarai, P. S. Arjunda, District Balod (C.G.)
. .. Applicant
versus
1 - State Of Chhattisgarh Through Station House Officer, P. S. Arjunda,
District Balod (C.G.)
... Non-applicant
For Applicant : Mr. Prasoon Agrawal, Advocate
For Non-applicant
: Mr. Vivek Sharma, P.L.
/State
Hon’ble Shri Justice Rakesh Mohan Pandey
Order on Board
16/10/2026
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. 83/2026, registered at Police
Station Arjunda, District – Balod (C.G.) for offence punishable under

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Sections 137(2), 87, 64(2)(m) and 65(1) of BNS and Sections
3/4(2), 5 (ii)/6 and 5( )/6 of POCSO Act.
¥ B
2. As per the case of the prosecution, Victim’s mother lodged a
complaint that from 05/10/2025 to 10/05/2026, the applicant herein
sexually assaulted her minor daughter on various occasions on the
pretext of marriage due to which she also conceived. On the said
complaint, FIR was registered against the applicant and he was
arrested.
3. Mr. Prasoon Agrawal, learned counsel for the applicant, would
argue that the victim is innocent and he has falsely been implicated
in this case. He would further contend that the victim has already
been examined before the trial Court on 05/08/2026 and she has
not supported the case of the prosecution and the suggestions put
forth by the Public Prosecutor pertaining to sexual assault have
also been denied by the victim. He would further contend that victim
has also given her consent for grant of bail to the applicant. He
would further submit that the investigation has been completed and
charge-sheet has already been filed and the applicant is in jail since
03/06/2026, thus, the appellant be released on bail as conclusion of
trial is likely to take some time.
4. On the other hand, Mr. Vivek Sharma, 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 15
years and therefore, the contention of consent of the victim would

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be irrelevant as she was a minor. He would lastly 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. The victim along with her mother appeared before this Court
through video conferencing from the concerned District Legal
Services Authority (DLSA) and has given her consent for 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. Taking into consideration the facts and circumstances of the case,
particularly that the investigation is complete and charge-sheet has
already been submitted; the applicant is in custody since
03/06/2026; the victim has given her consent for grant of bail to the
applicant, and the victim has already been examined before the trial
Court and she has not at all supported the case of the prosecution,
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 :-

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(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, 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/-
Sd/-
(Rakesh Mohan Pandey)
JUDGE
Harneet