1 2025:CGHC:45292 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6565 of 2025 Tulsi Sahu S/o Siyaram Sahu Aged About 28 Years Resident Of Kadam Chowk, Bhatgaon, Thana Bhatgaon District Sarangarh-Bilaigarh Chhattisgarh ... Applicant versus State Of Chhattisgarh Through- Station House Officer, Police Station Bhatgaon, District- Sarangarh-Bilaigarh (C.G.) ... Respondent For Applicant : Mr. B.L. Sahu, Advocate. For Respondent : Ms. Mandvi Bhardwaj, Panel Lawyer. (Hon’ble Mr. Justice Naresh Kumar Chandravanshi) Order on Board 04/09/2025 1. This is first bail application filed by the applicant under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of bail as he has been arrested on 07.08.2025 in connection with Crime No. 08/2024 {Sessions Trial No. 30/2025} registered at Police Station Bhatgaon, District Sarangarh - Bilaigarh for commission of offence punishable under Sections 376 (2)(n) & 506 of the Indian Penal Code. 2. Case of the prosecution, in nutshell, is that applicant/accused and the victim are the resident of same village. On 07.08.2023, at about 12.30 PM, applicant went in the house of victim and asked her for water, thereafter, applicant forcefully sexually exploited her. Applicant also threatened her that if 2 she discloses about the incident to anyone, then he will kill her. Thereafter,on 31.08.2023, again applicant/accused sexually exploited her on the pretext of marriage, thereafter, applicant took her to Jammu (Vijaypur), there he also made repeated physical relation with the victim and because of ill health, applicant bring her back, thereafter, victim lodged FIR against the applicant. After usual investigation, charge-sheet has been filed against the applicant on 07.03.2024 3. Learned counsel appearing for the applicant would submit that victim/proseuctrix, who is major girl, aged about 20 years, is consenting party to the act of the applicant. It is submitted that this is first crime registered against the applicant and the victim/prosecutrix herself went alongwith applicant at Vijaypur (Jammu), where they resided together for about two month and doing labour work, therefore, he submits that it is case of consensual relation, which does not fall in the category of rape. He further submits that the applicant is in custody since 07.08.2025; charge-sheet has already been filed and conclusion of the trial is likely to take considerable time, hence, the applicant may be enlarged on bail. 4. Per contra, learned counsel for the Sate submits that applicant has repeatedly sexually exploited victim/prosecutrix on the pretext of marriage, which amounts to sexual exploitation by cheating and in such a situation, victim/prosecutrix cannot be put in a state of consenting party. Hence, the bail application is liable to be dismissed. 5. I have heard learned counsel for the parties and perused the case diary with utmost circumspection. 6. Considering the age of the victim/accused and the consensual physical relationship for about 5 months, and the fact that victim had accompanied the applicant/accused to Vijaypur (Jammu Kashmir); further charge-sheet has 3 already been filed and the applicant is in jail since 07.08.2025, hence, I feel inclined to grant bail to the applicant. 7. Accordingly, the bail application is allowed. It is directed that the applicant shall be released on bail on his furnishing one personal bond for a sum of Rs.25,000/- alongwith one surety in the like sum to the satisfaction of the concerned trial Court on the following conditions :- (i) He shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court, (ii) He shall not act in any manner which will be prejudicial to fair and expeditious trial, and (iii) He shall appear before the trial Court on each and every date given to him by the said Court till disposal of the (iv) He shall not involve himself in any offence of similar nature in future. Certified copy, as per rules. Certified copy, as per rules. Sd/- (Naresh Kumar Chandravanshi) Judge amit AMIT KUMAR DUBEY Digitally signed by AMIT KUMAR DUBEY Date: 2025.09.08 11:12:05 +0530