Tushar Yadu Alias Kanha vs The State Of Chhattisgarh
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Chattisgarh High Court

Tushar Yadu Alias Kanha vs The State Of Chhattisgarh on 9 March, 2026

                                               1


                                           Digitally signed
                                           by SHUBHAM
                               SHUBHAM     SINGH
                               SINGH       RAGHUVANSHI
                               RAGHUVANSHI
                                           Date: 2026.03.09
                                           17:27:02 +0530




                                                                           NAFR

             HIGH COURT OF CHHATTISGARH AT BILASPUR


                           MCRC No. 1730 of 2026

Tushar Yadu Alias Kanha S/o Khilanand Yadu, Aged About 20 Years R/o
Oddarsakri, Police Station Arjunda, District- Balod, Chhattisgarh
                                                                        ... Applicant
                                         versus
The State Of Chhattisgarh Through The Station House Officer, Police Station
Deori, District- Balod, Chhattisgarh
                                                                     ... Respondent

For Applicant : Mr. Punit Ruparel and Mr. Goutam Khetrapal, Advocates For Respondent/State : Ms. Priya Sharma, P.L. For Objector : Mr. Shikhar Sharma, Advocate

Hon'ble Shri Justice Sanjay Kumar Jaiswal Order On Board 09/03/2026

1. Mr. Shikhar Sharma, Advocate appeared on behalf of the victim and raised objection in granting bail to the applicant.

2. The applicant has preferred this 1st bail application under Section 483 of Bhartiya Nagrik Suraksha Sanhita Act 2023 for grant of regular bail as he is arrested in connection with crime No.29/2026, registered at Police Station - Deori, District- Balod (C.G.) for offence punishable under Sections 78, 351(3), 126(1) of BNS and Section 12 of the POCSO Act, 2012 and Section 67(B) of IT Act.

3. The prosecution's case, in short, is that between June and July 2025, in Pursuli Kherathabazar village, the applicant stalked the victim, who was under the age of 18, and threatened to kill her, and also converted her normal photograph to obscene photograph and circulated it. Based

on above, offence has been registered against the applicant and he was arrested on 31.01.2026.

4. Learned counsels for the applicant submit that the applicant is innocent and has been falsely implicated in the crime in question. The date of incident is 23.07.2025 and the FIR was registered on 29.01.2026 and no proper explanation has been given in lodging delayed FIR. Moreover, there is no evidence on record to show that the applicant has made the obscene picture viral. The applicant is a student and is in jail since 31.01.2026. Charge-sheet has not been filed and the trial is likely to take time to be finalized, therefore, it is prayed that the applicant may be enlarged on bail.

5. Per contra, learned Counsel appearing on behalf of the State and objector oppose the bail application and submit that at the time of incident, the victim was minor, therefore, looking to the nature of offence, the applicant may not be released on bail.

6. I have heard learned Counsel appearing for the parties and perused the material available on record.

7. Considering the facts and circumstances of the case, evidence collected by the prosecution, detention period of the applicant, delay in lodging the FIR and the fact that charge-sheet has not been filed and the trial is likely to take some time to be finalized, without further commenting on merits of the case, I am inclined to release the applicant on bail.

8. Accordingly, the bail application is Allowed.

9. It is directed that the applicant shall be released on bail on executing a personal bond for a sum of Rs. 20,000/- with one solvent surety for the like sum to the satisfaction of the Trial Court for his appearance before the said Court as and when directed.

Sd/-

(Sanjay Kumar Jaiswal) Judge

Shubham