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2025 DAILYLAW 22633 (CHH)

SAHDEV KUMAR YADAV v. STATE OF CHHATTISGARH

MCRC/4460/2025 · 2025-07-08

Shri Sanjay Kumar Jaiswal

body2025

Judgment text

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1 2025:CGHC:31582 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4460 of 2025 Sahdev Kumar Yadav S/o. Shri Kheekram Yadav Aged About 25 Years R/o. Village - Pipara, Police Station - Navagarh, District - Janjgir-Champa (C.G.) ... Applicant versus State Of Chhattisgarh Through Station House Officer, Navagarh, District - Janjgir-Champa (C.G.) ... Respondent For Applicant : Mr. Ashutosh Trivedi, Adv. For Respondent/State : Mr. Karan Kumar Bahrani, P.L. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order On Board 09/07/2025 1. The victim along with her father appeared in person before this Court today and recorded ‘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. 136/2025, registered at Police Station – Navagarh, District- Janjgir-Champa (C.G.) for offence SHUBHAM SINGH RAGHUVANSHI Digitally signed by SHUBHAM SINGH RAGHUVANSHI Date: 2025.07.09 16:05:00 +0530 2 punishable under Sections 376(2)(n), 366(A) of the IPC and Sections 4 & 6 of the POCSO Act. 3. The prosecution's case, in short, is that the applicant on the pretext of marriage has continuously exploited the victim sexually starting from 15.02.2023 till lodging the complaint i.e. 18.03.2025. Based on above, offence has been registered against the applicant. 4. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the crime in question. There was a love affair between the applicant and the victim and she was a consenting party. He further submits that on denial of marriage by the applicant with the victim, the false report has been lodged by the victim. He further submits that the applicant is in jail since 19.03.2025, trial has not commenced till date and 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 opposes the bail application and submits 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 against the applicant and the fact that trial has not yet commenced, at this stage, without further commenting on merits of the case, I am not inclined to release the applicant on bail. 8. Accordingly, the bail application is Rejected. Sd/- (Sanjay Kumar Jaiswal) Judge Shubham