Extracted from the PDF above. The PDF is authoritative.
1
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5241 of 2025 Sandeep Kumar Chauhan S/o Johan Lal Chauhan Aged About 18 Years Caste - Ganda, R/o Village - Chorbhatti, P.S. - Jaijaipur, Disttrict - Sakti (C.G.)
--- Applicant versus State Of Chhattisgarh Through - P.S. - Jaijaipur, Disttrict - Sakti (C.G.)
... Respondent/State For Applicant : Mr. Sumit Singh, Advocate For State : Mr. Vivek Sharma, P.L. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order On Board 22.07.2025
1. This is the first bail application filed u/s 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No.62/2025 registered at Police Station Jaijaipur, District Sakti (CG) for the offence punishable under Sections 137, 64(m) of BNS and Section 6 of Protection of Children from Sexual Offences Act,
2012. 2. As per the prosecution case, the applicant knowing fully well that the victim was a minor, kidnapped her from the lawful guardianship of her parents and repeatedly committed sexual intercourse with her. On report being made in this regard, the applicant was arrested on 16.04.2025. Digitally signed by BHOLA NATH KHATAI Date: 2025.07.24 18:02:13 +0530
2
3. Learned counsel appearing for the applicant submits that the applicant is innocent and he has been falsely implicated in this case. He submit that there was lover affair between applicant and victim for the last five years and the victim was a consenting party. He further submits that the applicant is in jail since 16.04.2025 and there is no likelihood of the trial to be concluded at the earliest, therefore, the applicant may be released on bail. 4. State counsel, on the other hand, opposing the bail application submits that the victim was a minor at the time of incident, therefore, her consent is of no relevance/consequence. He further submits that due to the said incident the victim became pregnant and considering the nature of offence, the applicant does not deserve to be released on bail. 5. No one appeared for the victim though as per the submission of the State counsel notice to the mother of the victim has been served. 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 nature and gravity of offence and the material collected and available on record against the applicant and also considering the fact that charge sheet has been filed and trial has not commenced, this Court is not inclined to release the applicant on bail. 8. Accordingly, the present bail application stands rejected. 9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information. Sd/- (Sanjay Kumar Jaiswal) JUDGE Khatai