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2025 DAILYLAW 25164 (CHH)

NARESH KUMAR SAHU v. STATE OF CHHATTISGARH

MCRC/4279/2025 · 2025-06-22

Shri Sanjay Kumar Jaiswal

body2025

Judgment text

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1 2025:CGHC:27015 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4279 of 2025 Naresh Kumar Sahu S/o Ghanshyam Sahu Aged About 19 Years R/o - Adbhar, P.S.- Maalkharoda, District- Sakti, C.G. ... Applicant versus State Of Chhattisgarh Through - P.S. Doundilohara, District- Balod, C.G. ... Respondent For Applicant : Mr. Hemant Gupta, Advocate For Respondent : Ms. Pragya Shrivastava, Dy. Govt. Advocate Hon'ble Shri Justice Sanjay Kumar Jaiswal Order On Board 23.06.2025 1. The father of the victim appeared before this Court today through virtual mode from DLSA, Balod and made his no objection in granting bail to the applicant. 2. Heard on the application filed u/s 483 of Bharatiya Nagarik Suraksha Sanhita, 2023. This is the first bail application for grant of regular bail to the applicant who has been arrested in connection with Crime No.21/2025 registered at Police Station Doundilohara, District Balod (CG) for the offence punishable BHOLA NATH KHATAI Digitally signed by BHOLA NATH KHATAI Date: 2025.06.24 17:26:29 +0530 2 under Sections 317(2), 87, 64(2)(m) of BNS and Section 5(L)/ 6 of Protection of Children from Sexual Offences Act, 2012. 3. As per the prosecution case, the applicant knowing fully well that the victim was a minor, took her with him and had sexual intercourse with her on the pretext of marriage. 4. Learned counsel appearing for the applicant submits that the victim has been examined before the trial Court and she has not supported the case of prosecution and turned hostile. He further submits that there are total 17 witnesses out of which only one witness i.e. the victim has been examined till date and the applicant is in jail since 01.04.2025 and there is no likelihood of the trial to be concluded at the earliest, therefore, the applicant may be released on bail. 5. State counsel, on the other hand, opposing the bail application submits that considering the nature of offence, the applicant does not deserve to be released on bail. 6. Heard learned counsel for the parties and perused the case diary. 7. Taking into consideration the entire facts and circumstances of the case, particularly the fact that the father of the victim has given his no objection in granting bail to the applicant and also considering the fact that the applicant is in jail since 01.04.2025, only one witness i.e. the victim has been examined till date and there is all possibility of the trial taking sometime for its final conclusion, this Court is of the opinion that prima facie, a case for grant of bail to the applicant has been made out. 8. Accordingly, the application for grant of bail is allowed. It is directed that the present Applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court. The applicant is directed to appear before the trial Court on 3 each and every date to be given to him by the said Court till completion of the trial. 9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information. Sd/- (Sanjay Kumar Jaiswal) Khatai JUDGE