Umesh Yadav vs State Of Chhattisgarh
2026 Latest Caselaw 57 Chatt

Chattisgarh High Court

Umesh Yadav vs State Of Chhattisgarh on 25 February, 2026

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                                   ALLENA
                            ALLENA ANNAJEE
                            ANNAJEE RAO
                            RAO     Date:
                                   2026.02.26
                                   15:16:39
                                   +0530




                                                    2026:CGHC:9902



        HIGH COURT OF CHHATTISGARH AT BILASPUR

                         MCRC No. 1469 of 2026



Umesh Yadav S/o Late Nishamani Yadav Aged About 25 Years R/o Village
Shankarpur, Police Station Sankara, District Masamund, Chhattisgarh.
                                                     ...    Applicant


                                     versus


State of Chhattisgarh through the Station House Officer, Police of Police
Station Basna, District Mahasamund, Chhattisgarh.          ... Respondent

For the applicant : Mr. Jitendra Shukla, Advocate For the State : Dr. (Smt.) Richa Pandey, Panel Lawyer

(Hon'ble Shri Justice Sanjay Kumar Jaiswal)

Order on Board

25.02.2026

1. This is first bail application filed under Section 483 of the

Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to

the applicant in Crime No. 331/2025 registered at Police Station

Basna, District Mahasamund (CG) for the offences under Sections

137(2), 64(2)(M), 69, 65(1) of BNS 2023 and section 6 of the POCSO

Act.

2. As per the prosecution case, on 25.08.2025 the father of victim

has lodged the report that her minor daughter was found missing

since 24.08.2025 and an unknown person had allured and enticed

her away from their lawful custody, on which, crime was registered.

During investigation the victim was recovered and the applicant was

taken into custody on 08.09.2025.

3. Learned counsel for the applicant submits that the court

statement of victim clearly shows that due to quarrel in victim's

family, she had voluntarily left her parents house and accompanied

the applicant, therefore, she was consenting party. The victim has

also stated her age on the basis of Aadhar Card which is not credible.

It is also clear from her court statement that when she asked to

marry the applicant, he replied that he would marry her after

attaining the age of majority. He further submits that although the

victim is stated to be minor , yet the evidence of correct age has not

been proved. He submits that the applicant is in jail since

08.09.2025; till date out of a total 13 witnesses, only 4 have been

examined including the victim and her parents and and there is no

immediate possibility of disposal of case, therefore, he may be

enlarged on bail.

4. Per contra, learned State Counsel opposes the bail application

and submits that at the time of incident, the victim was minor aged

about 16 to 17 years and the applicant has established physical

relations without her consent.

5. The victim along with her mother has appeared through VC

from the concerned DLSA and the mother raised objection to grant

bail.

6. Having considered the submissions made by learned counsel for

the parties, overall facts situation of the case and further looking to

the court statement of victim, without observing anything on the

merits of the case, I am inclined to release him on regular bail.

7. Accordingly, this bail application is allowed and the applicant is

directed to be released on bail on his furnishing a personal bond in

sum of Rs.25,000/- with one surety in the like sum to the satisfaction

of the trial Court for his appearance before the said Court as and

when directed in that behalf.

Cc as per rules.

Sd/-

(Sanjay Kumar Jaiswal) Judge

Rao