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2025 DAILYLAW 41124 (CHH)

SUDHAN RAM GOND v. STATE OF CHHATTISGARH

MCRC/6813/2025 · 2025-08-28

Shri Sanjay Kumar Jaiswal

body2025

Judgment text

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1 HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6813 of 2025 Sudhan Ram Gond S/o Devprasad Gond Aged About 22 Years R/o Village Chalgali, Police Station Lundra, District- Surguja (C.G.) ... Applicant versus State of Chhattisgarh through Police Station Lundra, District- Surguja (C.G.) ... Respondent For the applicant : Mr. Siddharth Pandey, Advocate For the State : Mr. Amit Buxy, Govt. Advocate for the State. (Hon’ble Shri Justice Sanjay Kumar Jaiswal) Order on Board 29.08.2025 1. This is second bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant in Crime No. 84/2025 registered at Police Station Lundra, District Sarguja (CG) for the offences under Sections 137(2), 87, 64(2)(m) of BNS 2023 and sections 4 & 6 of the POCSO Act. 2. The first Bail application was dismissed on merits by order dated 27.06.2025 passed in M.Cr.C.No.4257 of 2025. 3. The prosecution case in brief is that the applicant took away the minor victim from the lawful custody of her parents and on the pretext of marriage committed forcible sexual intercourse with her from 13.04.2025 to 17.04.2025 thereby offence has been committed. 2 4. Learned counsel for the applicant submits that by now the victim and her father have been examined and they have not supported the case of prosecution, as such, there is changing circumstances in this case after rejecting the first bail application. He further submits that though the prosecutrix is stated to be minor in FIR, yet the evidence of correct age has not been collected by the prosecution. He submits that the applicant is in jail since 20.04.2025 and the trial is likely to take further time, therefore, the applicant may be enlarged on bail at this stage. 5. Per contra, learned State Counsel opposes the bail application and submits that the trial is in progress. 6. Having considered the submissions made by learned counsel for the parties and the fact that the victim and her father have been examined and they turned hostile, as such, looking to the changing circumstances in this case, without observing anything on the merits of the case, I am inclined to release the applicant on regular bail at this stage. 7. Accordingly, this second bail application is allowed and the applicant is directed to be released on bail on his furnishing a personal bond in sum of Rs.25,000/- with one surety in the like sum to the satisfactions of the trial Court for his appearance before the said Court as and when directed from time to time. Cc as per rules. Sd/- (Sanjay Kumar Jaiswal) Judge Rao