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2025 DAILYLAW 33558 (CHH)

SAHIL DESHLAHRE v. STATE OF CHHATTISGARH

MCRC/5531/2025 · 2025-07-24

Shri Sanjay Kumar Jaiswal

body2025

Judgment text

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1 2025:CGHC:36193 HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5531 of 2025 Sahil Deshlahre S/o Ramdas, Aged About 20 Years R/o Village Khertha, Jamul Police Station Durg District Durg Chhattisgarh ... Applicant versus State of Chhattisgarh through Station House Officer, Police Station Khairagarh, District Khairagarh Chhuikhadan Gandai Chhattisgarh ... Respondent For the applicant : Mr. Amit Kumar, Advocate For Respondent(s) : Mr. Sanjeev Pandey, Dy. Advocate General (Hon’ble Shri Justice Sanjay Kumar Jaiswal) Order on Board 25.07.2025 1. This is first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant in Crime No.184/2024 registered at Police Station Khairagarh, District A ANNAJEE RAO Digitally signed by A ANNAJEE RAO Date: 2025.07.26 14:43:37 +0530 2 Khairagarh-Chhuikhadan-Gandai (CG) for the offences under Sections 363, 366(A), 376, 376(2)(n) of IPC and Sections 4 & 6 of the Protection of Children from Sexual Offences Act, 2012. 2. The prosecution story in brief is that on 04.04.2024 a report was lodged by the father of victim girl that his minor daughter is missing since 24.03.2024, on which, the Police had registered FIR and during investigation, the girl was recovered from the possession of the applicant on 04.04.2024. The statement of the girl was recorded by the Police wherein she has stated that the applicant had established physical relations with her on the pretext of marriage. 3. Learned counsel for the applicant submits that the prosecutrix had voluntarily accompanied the applicant and she was consenting party. He further submits that although the prosecutrix is stated to be minor, yet the evidence of her correct age has not been established by the prosecution. He next submits that the victim, her mother and father have been examined and they turned hostile to the prosecution. He submits that the applicant is in jail since 05.04.2024; till date, out of a total 23 witnesses, only 3 have been examined; there is no immediate possibility of disposal of trial and looking to the long custody period of the applicant, he may be enlarged on bail, at this stage. 4. Per contra, learned State Counsel opposes the bail application and submits that the at the time of incident, the girl was minor and she was recovered from the house of applicant’s grand-father (Nana). 5. The victim girl along with her mother appeared through VC from the concerned DLSA and have not objected to bail. 6. Having considered the submissions made by learned counsel for the parties and the fact that the accused is stated to be in jail since 05.04.2024 and the conclusion of trial is likely to take time, without observing anything 3 on merits of the case, I am inclined to release the applicant on bail at this stage. 7. Accordingly this bail application is allowed and the applicant is directed to be released on regular bail on his furnishing a personal bond in sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the trial Court for his appearance before the said Court as and when directed in that behalf. CC as per rules. Sd/- (Sanjay Kumar Jaiswal) Judge Rao