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2025 DAILYLAW 40389 (CHH)

SANTOSH YADAV v. STATE OF CHHATTISGARH

MCRC/6621/2025 · 2025-09-01

Shri Parth Prateem Sahu

body2025

Judgment text

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1 2025:CGHC:44722 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6621 of 2025 1 - Santosh Yadav S/o Munna Yadav Aged About 19 Years R/o Village Avraduggu, P.S. Vishrampur, Distt. Surajpur, Chhattisgarh. ... Applicant Versus 1 - State Of Chhattisgarh Through P.S. Vishrampur, Distt. Surajpur, Chhattisgarh ... Respondents For Applicant : Mr. Bhupendra Singh, Advocate along with Ms. Sonam Singh, Advocate For Non-Applicant : Mr. K.K. Baharani, Panel Lawyer SB: Hon'ble Shri Parth Prateem Sahu, Judge ORDER ON BOARD 02/09/2025 1. This is the first bail application filed by the applicant under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 75/2025 registered at Police Station – Vishrampur, District – Surajpur, Chhattisgarh for the offences punishable under Sections 70 (2), 137 (2), 87 of Bharatiya Nyaya Sanhita, 2023 and under Sections 4 & 6 of the Protection of Children from Sexual Offences (POCSO) Act, 2012. 2. Case of prosecution is that, victim aged about 12 yeas is subjected to sexual intercourse by the applicant and co-accused. The incident was report to concerned police station, based upon which, F.I.R. was registered and applicant was arrested on 04.04.2025. SHUBHAM DEY Digitally signed by SHUBHAM DEY 2 3. Learned counsel for the applicant submit that applicant is innocent, he has been falsely implicated in the instant crime, he has not committed any offence as alleged. He submits that there are contradictions in the statement of victim recorded before the learned Trial Court. He also pointed out that there is contradiction in the date of incident as narrated in the F.I.R. and in the evidence stated before the Trial Court. Applicant is in jail since 04.04.2025, hence he may be enlarged on bail. 4. On the other hand, learned State counsel vehemently opposes the submission made by learned counsel for the applicant and would submit that there is specific allegation against the applicant of committing forceful sexual intercourse with the victim aged about 12 years. He also contended that the sign of sexual intercourse was also found by doctor examining the victim. He also pointed out that in the documents i.e. the deposition of victim placed supports the allegation against the applicant. 5. Pursuant to the notice issued by this Court, victim along with her parents appeared before this Court through virtual mode from D.L.S.A. Surajpur, District – Surajpur and they raised objection in grant of bail to the applicant. 6. I have heard learned counsel for the respective parties. 7. Taking into consideration, facts and circumstances of the case, nature of allegations, submission of learned counsel for the respective parties, documents enclosed along with the bail application, I do not find present to be a fit case to allow the application for grant of bail. 8. Accordingly, the application for grant of bail is dismissed. Certified copy as per rules. Sd/- (Parth Prateem Sahu) Judge Dey