Durgesh Nagesh vs State Of Chhattisgarh

This is the First bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023, for grant of regular bail to the applicant who has been arrested in connection with Crime No. 88/2026 registered at Police Station- Gariyaband, District-Gariyaband (C.G.), for the offence punishable under Sections 137(2), 87, 64(2)(m) of BNS and Section 4 and 6 of POCSO Act.

Brief facts of the prosecution case, on 08.04.2026, the grandmother of the victim lodged a complaint at Police Station Gariyaband stating that the victim had gone missing from her house during the night of 07.04.2026 without informing any family member. On the basis of the said report, Crime was registered under Section 137(2) of the BNS. During investigation, the victim was recovered from Bus Stand, Gariyaband on 19.04.2026 and in her statement recorded under Section 183 of the BNSS, she stated that the present applicant had taken her with him on the pretext of marriage and had sexually assaulted her repeatedly, lastly on 18.04.2026. On the basis of the said statement, the applicant was arrested and after completion of investigation, the charge-sheet was filed before the competent Court.

Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is further submitted that the victim was minor at the time of the alleged offence and has not supported the case of the prosecution. He further submits that the victim was a willing and consenting party, who had voluntarily accompanied the applicant of her own free will and wish and there is no allegation of any forceful physical relationship against the applicant. It is also submitted that the charge-sheet has already been filed before the competent Court and the applicant is in jail since 19.04.2026. The conclusion of the trial is likely to take some time. Therefore, he prays for grant of bail.

On the other hand, learned State counsel appearing for the non-applicant/State opposes the prayer for grant of bail and submits that the victim was minor at the time of the incident and as per her statement recorded before the concerned trial Court, she stated that she had voluntarily eloped with the applicant and stayed with him at Raipur for about 18 days. It is further submitted that, in her cross-examination, the victim admitted that she had been acquainted with the applicant for about two years, they liked each other and intended to marry and that the applicant had established physical relations with her on the promise of marriage and such relations continued whenever they met. However, looking to the seriousness of the case, the applicant is not entitled for grant for grant of bail.

I have heard learned counsel appearing for the parties and perused the case diary.

Taking into consideration the facts and circumstances of the case, nature and gravity of the offence alleged against the applicant and the fact that the relationship between the applicant and the victim appears to have been consensual in nature and in the present case, charge-sheet has already been filed and the applicant is in jail since 19.04.2026, thus without commenting on the merits of the case, this Court is of the considered view that the applicant deserves to be enlarged on bail

Accordingly, the bail application of the applicant is allowed.

Let the applicant – Durgesh Nagesh, involved in Crime No. 88/2026 registered at Police Station- Gariyaband, District-Gariyaband (C.G.), for the offence punishable under Sections 137(2), 87, 64(2)(m) of BNS and Section 4 and 6 of POCSO Act, be released on bail on his furnishing a personal bond with two sureties, in the like sum to the satisfaction of the Court concerned with the following conditions:-

Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance. dorthwith.