1. Leave granted.
2. This appeal challenges the judgment and order dated 19.08.2025 passed by the High Court of Chhattisgarh at Bilaspur in MCRC No. 5616/2025.
3. The appellant, Manoj Dahariya has been facing trial in connection with a crime registered pursuant to FIR No. 489 of 2024 dated 24.10.2024 lodged with Police Station City Kotwali, District Bilaspur in respect of the offences punishable under Sections 137(2), 87, 64 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 [in short, "BNS"] and Sections 4 and 6 of the Protection of Children from Sexual Offences Act, 2012 [in short, "POCSO"].
4. The application seeking regular bail having been rejected by the High Court vide impugned order dated 19.08.2025, the appellant has preferred the instant appeal.
5. This Court vide its order dated 24.11.2025, issued notice in the instant matter.
6. Heard learned counsel for the appellant in support of the appeal and learned counsel for the respondent-State and perused the material on record.
7. Learned counsel for the appellant submitted that the appellant is the uncle of the co-accused who is stated to have had a relationship with the so-called victim; the role attributed to the appellant herein is innocuous however serious allegation of kidnapping has been made as against the appellant herein. He has been in jail since 06.11.2024; that as many as eight material witnesses out of twenty-seven have already been examined. That in the circumstances, this Court may set aside the impugned order and grant the relief of bail to the appellant herein subject to the terms and conditions that could be imposed.
8. Per contra, learned counsel for the respondent-State with reference to his counter affidavit contended that there is no merit in this appeal as the appellant was responsible for transporting the accused along with the victim and although some of the material witnesses may have been examined, the trial is inconclusive. Hence, the impugned order may be sustained. There are two other material witnesses, namely, the doctor and uncle of the victim to be examined.
9. Considering the facts on record, in our view, the case for regular bail is made out. We, therefore, allow this appeal and direct as under:
"The appellant Manoj Dahariya shall be produced before the concerned Trial Court as early as possible and the Trial Court shall release him on bail, subject to such conditions as it may deem appropriate to impose to ensure his presence in the proceedings arising out of FIR No. 489 of 2024 mentioned above."
10. It is directed that the appellant shall extend complete cooperation in the trial of the instant case. The appellant shall not misuse his liberty in any manner.
11. Any infraction of the conditions may entail in cancellation of bail granted to the appellant.
12. With these observations, the Criminal Appeal is allowed.




