Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:23874
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2997 of 2025 • Deepak Sahu S/o Khirod Sahu Aged About 21 Years R/o Village- Devalbhata, Police Station- Saraipali, Distt. - Mahasamund (C.G.)
... Applicant versus • State Of Chhattisgarh Through Sho, Police Station - Balauda, District - Mahasamund (C.G.)
... Respondent For Applicant : Mr. Raghvendra Pradhan, Advocate. For Respondent/State : Ms. Prabha Sharma, P.L. Hon'ble
Shri
Justice
Sanjay Kumar Jaiswal
Order on Board 13 / 06 / 2025
1. The accused/applicant has moved this first bail application under Section 483 of BNSS, 2023 for releasing him on regular bail during trial in connection with Crime No. 88/2024 registered at Police Station – Balauda, District – Mahasamund (C.G.) for the offence punishable under SOURABH PATEL Digitally signed by SOURABH PATEL Date: 2025.06.16 10:34:06 +0530
2 Section 64(2)(m), 137(2), 87, 69 of BNS & Section 4, 6 of POCSO Act.
2. The prosecution case, in brief, is that the applicant has allured a minor girl aged about 17 years 10 months on the pretext of marriage, and fled away with her and thereafter subjected her to sexual intercourse. Thereafter, the offence has been registered against the applicant.
3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. He next submits that the victim was a consenting party and roaming with applicant from 28.10.2024 to 11.11.2024. He further submits that the applicant is in custody since 30.11.2024 about 07 months and there is no likelihood of his case being decided in the near future, therefore, the present applicant may be released on bail.
4. On the other hand, learned counsel for the State opposes the bail application and submits that at the time of incident the victim was minor and the applicant committed sexual intercourse with her on the pretext of marriage, therefore, at this stage, he may not be enlarged on bail.
5. Victim appearing through video-conferencing and has raised her objection to the bail application.
6. I have heard learned counsel for the parties and perused the case diary.
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7. Considering the entire facts and circumstances of the case, particularly looking to the material available on record and the evidence against the applicant, it appears that the victim was subjected to sexual assault by the applicant. Further, the victim appeared before this Court and vehemently objected the bail application filed by the applicant. Therefore, at this stage, I am not inclined to release the applicant on bail.
8. Accordingly, the bail application filed under Section 483 of BNSS, 2023 is rejected. However, concerned trial Court is
directed to expedite the trial and to ensure that the trial is concluded as expeditiously as possible.
9. Office is directed to sent a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Sanjay Kumar Jaiswal)
Judge Sourabh P