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2025 DAILYLAW 37230 (CHH)

SONU DEVANGAN v. STATE OF CHHATTISGARH

MCRC/5979/2025 · 2025-08-12

Shri Sanjay Kumar Jaiswal

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Judgment text

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1 2025:CGHC:40943 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5979 of 2025 1 - Sonu Devangan S/o Dilbharan Devangan Aged About 25 Years R/o Ratanpur Peeparpara, P.S. Jaynagar, District Surajpur C.G. ... Applicant versus 1 - State Of Chhattisgarh Through Station House Officer Police Station Gandhinagar, District Surguja C.G. ... Respondent For Applicant : Mr. Shakti Raj Sinha, Advocate. For State : Mr. Karan Baharani, P.L. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order on Board 13/08/2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 192/2025 registered at Police Station Gandhinagar, District Surguja (C.G.), for the offence punishable under Sections 137(2), 64(2)(n) of BNS, 2023 and Sections 4 & 6 of POCSO Act. Digitally signed by HEERA LAL SAHU Date: 2025.08.13 17:38:53 +0530 2 2. As per the prosecution’s case, 17.03.2025, the applicant took the minor victim along with him without the consent of her legal guardian and committed aggravated sexual assault with the minor victim more than once. Based on this, offence has been registered against the present applicant. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He further submits that there are 17 listed witnesses, out of which only two i.e. the victim and her mother, have been examined till date, who have turned hostile and do not support the case of the prosecution. He also submits that the applicant is in jail since 16.04.2025, and the trial is likely to take considerable time to conclude. Therefore, he prays for the grant of regular bail to the applicant. 4. On the other hand, learned counsel for the State opposed the bail application and submitted that the applicant committed a heinous offence with a minor girl and the victim was recovered from the possession of the applicant; therefore, at this stage, he may not be enlarged on bail. 5. The victim and her father appeared through video conferencing from the concerned DLSA and raised objection to grant bail to the applicant. 3 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. Considering the facts and circumstances of the case and also considering the fact that the applicant is in custody since 16.04.2025, only two witnesses i.e. the victim and her mother, have been examined out of 17 listed witnesses, who have turned hostile, and the trial is likely to take considerable time, therefore, at this stage, without commenting on merits of the case, I am inclined to release the applicant on bail. 8. Accordingly, the application is allowed and it is directed that the 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 trial Court. The applicant is directed to appear before the trial Court on each and every date to be given to him by the said Court till disposal of the trial. It is made clear that any observation made by this Court in this order shall not affect the trial of the case. 9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Sanjay Kumar Jaiswal) Judge H.L. Sahu