DEVNARAYAN SAHU ALIAS SONU v. STATE OF CHHATTISGARH
MCRC/8695/2024 · 2025-01-15
Shri Arvind Kumar Verma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 45433 (CHH) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 45433 (CHH) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:2606
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8695 of 2024 1 - Devnarayan Sahu Alias Sonu S/o Late Raghunath Sahu Aged About 25 Years Occupation Labour R/o Village Gudeli P.S. And Tahsil Sarangarh District - Sarangarh Bilaigarh (C.G.)
... Applicant(s) versus 1 - State Of Chhattisgarh Through The Station House Officer P.S. Sarangarh District - Sarangarh - Bilaigarh (C.G.)
... Respondent(s) For Applicant(s) : Shri Ravi Kumar Banjare, Advocate For the State : Ms. Pushplata Xalxo, Panel Lawyer. Hon’ble Shri Justice Arvind Kumar Verma
Order on Board 15/01/2025
1. The applicant has preferred first bail application under Section 483 of Bhartiya Nagrik Suraksha Sanhita for grant of regular bail as he has been arrested in connection with Crime No.327/2023 registered at Police Station Sarangarh, District Sarangarh-Bilaigarh (C.G.) for the offence punishable under Sections 363, 366, 376(3), 376(2-n) of IPC, under Section 4(2),5(L)/6 of the POCSO Act, 2012 and under Section 3(2)(v) of SC/ST (Prevention of Atrocities) Act. NARESH KUMAR KAMDE Digitally signed by NARESH KUMAR KAMDE Date: 2025.01.20 16:42:33 +0530
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2. The case of the prosecution is that on on 10-11/07/2023 the present applicant kidnapped to the prosecutrix and sexually assault with the prosecutrix her tender age of the pretext of marriage, knowing she is belonging Scheduled Caste, father of the prosecutrix has been lodged FIR against unknown person, after the investigation Police has registered the case under the aforesaid Sections against the present applicant.
3. Learned counsel for the applicant submits that the applicant has not committed any crime, in the trial Court victim and her father have not objected for grant of bail to the applicant, applicant is in jail since 26/09/2024 and trial will take more time to conclude the trial, hence hence he prays for release on bail to the applicant.
4. Learned counsel for the State opposes the submission made by
learned counsel for the applicant and submits that the age of the victim at the time of incident was 12 years and 3 months. Hence, he is not entitled for grant of bail.
5. Today victim and her father appeared through video conferencing from the concerned DLSA and made no objection with regard to grant of bail to the applicant. The statement is taken on record.
6. Heard learned counsel for the parties.
7. Looking to the age of the victim, the crime committed by the applicant/accused is of serious nature and the crime is not only against the victim but also against the society, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail.
8. Accordingly, the bail application of the applicant Devnarayan Sahu Alias Sonu filed under Section 483 of BNSS involved in Crime
3 No.327/2023 registered at Police Station Sarangarh, District Sarangarh-Bilaigarh (C.G.) for the offence punishable under Sections 363, 366, 376(3), 376(2-n) of IPC, under Section 4(2),5(L)/6 of the POCSO Act, 2012 and under Section 3(2)(v) of SC/ST (Prevention of Atrocities) Act, is rejected. However, the trial Court is directed to expedite the trial as early as possible. Sd/-Sd/-
(Arvind Kumar Verma)
JUDGE Kamde