[Cites 3, Cited by 0]
Chattisgarh High Court
Geshu Dewangan vs State Of Chhattisgarh on 25 March, 2026
Author: Ramesh Sinha
Bench: Ramesh Sinha
1
2026:CGHC:14382
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
GOURI MCRC No. 2137 of 2026
MUDALIAR
Geshu Dewangan D/o Mahesh Kumar Dewangan Aged About 25 Years R/o
Digitally signed by
GOURI MUDALIAR Tulsipar Ward No. 17, P.S. Kotwali, District Rajnandgaon Chhattisgarh
Date: 2026.03.27
12:49:37 +0530 ... Applicant
versus
State Of Chhattisgarh Through Police Station Bortalab, District Rajnandgaon
Chhattisgarh
... Respondent
For Applicant : Shri B.P. Singh, Advocate.
For : Shri Shailendra Sharma, PL.
Respondent/State
Hon'ble Mr. Ramesh Sinha, Chief Justice
Order on Board
25/03/2026
1. Learned State counsel submits that the notice of the bail application
has been served to the complainant i.e. mother of the victim today.
2. This is the first bail application filed under Section 483 of the Bharatiya
Nagarik Suraksha Sanhita, 2023 (for short 'BNSS') for grant of regular
bail to the applicant who has been arrested in connection with Crime
No.01/2026 registered at Police Station Bortalab, District Rajnandgaon
(C.G.) for the offence punishable under Sections 64(1), 337, 338, 339,
318(4) of the BNS, 2023 and 4, 21 of POCSO Act and 80 of Juvenile
Justice (Care and Protection of Children) Act 2000.
3. Case of the prosecution, in brief, is that the Mother of the Victim has
lodged a Report to the effect that her daughter is a minor and is aged
about 15 years, in the month of March her daughter states that she is
vomiting and then her mother called for a doctor and the doctor gave
some medicine for Stopping Vomiting and then she recovered then in
the Month of September she stated to her mother that her stomach is
aching and she is feeling like something is happening in her stomach
then her mother told to her family members then they took her to the
Private Hospital and they came to know that the Victim is Pregnant,
when asked from the Victim she stated that she is in a relationship with
a Boy who is also a Minor Namely Aditya Verma they both used to
study together in the School but after failing in class 9th the boy left the
school and they used to text each other and they both have made
physical relations with each other and because of that she is pregnant
when her Relatives Dewar and Dewarani took her to the Private
Hospital Namely Kumud Mohabe Hospital, she delivered a Boy Child
and the Hospital Staff in collusion with other person gave that child
illegally for adoption to other co-accused Ravi Barve and Meena Barve
who are the resident of Durg and her Birth Certificate was forged and
whole hospital staff including the applicant were involved in this crime
and the Minor boy as well as other co-accused persons were arrested
during the course investigation and the above stated crime has been
registered.
4. Learned counsel for the applicant submits that the applicant is innocent
and she has been falsely implicated in the case. He would submit that
the victim was in a relationship with a minor boy Aditya Verma and the
present applicant has no role in this crime. He would submit that
because of the relationship they made physical relations with each
other and the victim got pregnant and after delivering the child the boy
was illegally handed over to other co-accused in collusion with the
Management of the Hospital. He would submit that the present
applicant is a small staff and also a young lady who was working as a
receptionist in the said Hospital and has no nexus to the other co-
accused persons. He would submit that regarding the Forged birth
certificate of the child which was issued in the name of co-accused
Ravi Barve and Mona Barve as parents that was issued and signed by
the doctor and the applicant is a receptionist who works upon the
instruction of the Management and has no role in this crime
whatsoever. He would submit that the charge sheet has been filed in
this case, the applicant is in jail since 13/01/2026 and conclusion of
trial will take some time, therefore, he prays for grant of bail to the
applicant.
5. On the other hand, learned State Counsel opposes the bail application
and he would submit that charge sheet has been filed in this case
before the competent court.
6. I have heard learned counsel appearing for the parties and perused the
case diary.
7. Taking into consideration the facts and circumstances of the case,
submission of learned counsel for the parties, materials available on
record, nature of allegation levelled against the applicant who was
working as a receptionist in the hospital, period of detention of the
applicant since 13/01/2026, applicant being a lady, charge sheet has
been filed and also considering the fact that trial is likely to take some
time for its conclusion, therefore this Court is of the view that the
applicant is entitled to be released on bail in this case.
8. Accordingly, the bail application is allowed and it is directed that the
Applicant-Geshu Dewangan, involved in Crime No.01/2026 registered
at Police Station Bortalab, District Rajnandgaon (C.G.) for the offence
punishable under Sections 64(1), 337, 338, 339, 318(4) of the BNS,
2023 and 4, 21 of POCSO Act and 80 of Juvenile Justice (Care and
Protection of Children) Act 2000, be released on bail on her furnishing
a personal bond with two sureties in the like sum to the satisfaction
of the Court concerned with the following conditions:-
(i) The applicant shall file an undertaking to the effect that she
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.
(ii) The applicant shall remain present before the trial court on
each date fixed, either personally or through her counsel. In case
of her absence, without sufficient cause, the trial court may
proceed against her under Section 269 of Bharatiya Nyaya
Sanhita.
(iii) In case, the applicant misuses the liberty of bail during trial
and in order to secure her 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 her, in accordance with law,
under Section 209 of the Bharatiya Nyaya Sanhita.
(iv) 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 her in accordance with law.
9. Office is directed to send a certified copy of this order to the trial Court
for necessary information and compliance.
Sd/-
(Ramesh Sinha)
CHIEF JUSTICE
gouri
