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2025 DAILYLAW 41948 (CHH)

KHEMRAJ SAHU v. STATE OF CHHATTISGARH

MCRC/6943/2025 · 2025-09-16

Shri Ravindra Kumar Agrawal

body2025

Judgment text

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1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6943 of 2025 1 - Khemraj Sahu S/o Khelu Ram Aged About 23 Years R/o Koknajhar, Police Station Khallari, District Mahasamund (C.G.) ... Applicant(s) versus 1 - State Of Chhattisgarh Through The Station House Officer, Police Station Fingeshwar, District Gariyaband (C.G.) ... Non-applicant(s) For Applicant(s) : Mr. K. S. Pradhan, Advocate. For Non-applicant(s) : Mr. Pranjal Shukla, Panel Lawyer. Hon’ble Shri Justice Ravindra Kumar Agrawal, J. Order on Board 17/09//2025 1. Pursuant to the order dated 02.09.2025 the victim along with her mother appeared through virtual mode from DLSA, Gariyaband and raised objection in granting bail to the applicant, their objection is taken on record. 2. This is first bail application before this Court filed by the applicant for grant of regular bail. The applicant has been arrested on 08.08.2025 in connection with Crime No. 168/2025 registered at Police Station Fingeshwar, District Gariyaband (C.G.) for the offence under Sections 137(2), 64(1), 87 of BNS & Section 4 of POCSO Act, 2012. 3. The case of the prosecution is that on 11.06.2025, the father of the victim lodged a missing report that his minor daughter is missing since 10.06.2025 ALOK SHARMA Digitally signed by ALOK SHARMA Date: 2025.09.17 18:46:32 +0530 2 and her whereabouts could not be traced out. The police has registered the offence under Section 137(2) of BNS, 2023 and started investigation. During the investigation the victim was recovered on 11.06.2025. After recording her statement the other offence of Section 64(1), 87 of BNS and Section 4 of POCSO Act have been added. The applicant has been arrested on 08.08.2025 and charge-sheet has been filed. 4. Learned counsel for the applicant would submit that the victim being major girl having love affair with the applicant and she herself on her own will eloped with him and engaged in making consensual physical relation with the applicant and has not raised objection. It is only under the pressure of her parents she made statement against him. There is no legally admissible evidence with respect to her age on the record. The applicant is in jail since 08.08.2025, and final adjudication of the case will take its own time, therefore, he may be enlarged on bail. 5. On the other hand, learned counsel for the State opposes the bail application. 6. Considering the submissions made by learned counsel for the parties, considering the nature of allegation and the material collected during the investigation, further considering that the evidence with respect to the age of the victim, after perusing her 183 B.N.S.S. statement, the applicant is in jail since 08.08.2025 and final adjudication of the case will take its own time, I am inclined to release the applicant on bail. 7. Consequently, the bail application filed by the applicant Khemraj Sahu for grant of regular bail is hereby allowed. 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 concerned trial Court, on following conditions:- (i) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the 3 facts of the case so as to dissuade him from disclosing such fact to the Court. (ii) The applicant shall not act in any manner which will be prejudicial to fair and expeditious trial, and (iii) The applicant shall appear before the trial Court on each and every date given to them by the said Court till disposal of the trial unless their personal presence is exempted by the trial Court. Sd/- (Ravindra Kumar Agrawal) Judge Alok