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2025 DAILYLAW 48097 (CHH)

SANDEEP KHUTE v. STATE OF CHHATTISGARH

MCRC/7649/2025 · 2025-10-26

Shri Ravindra Kumar Agrawal

body2025

Judgment text

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1 2025:CGHC:52238 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7649 of 2025 1 - Sandeep Khute S/o Gulab Ram Khute Aged About 19 Years R/o Village Kapupahari, Satnami Para, P.S. Urma District Korrba Chhattisgarh. ... applicant(s) versus 1 - State Of Chhattisgarh Through Station House Officer, Police Station Tikrapara, District Raipur Chhattisgarh. ... Respondent(s) For applicant (s) : Mr. B. L. Sahu, Advocate For Respondent(s) : Ms. Laxmeen Kashyap, Panel Lawyer Hon’ble Shri Justice Ravindra Kumar Agrawal, J. Order on board 27.10.2025. 1. Pursuant to the order dated 23.10.2025, the mother and father of the victim appeared in person before this Court and raised objection in granting bail to the applicant. Their objection is taken on record. 2. Heard on the application filed under Section 483 of B.N.S.S. This is first bail application before this Court filed by the applicant for grant of regular bail. The applicant has been arrested on 05.07.2025 in connection with Crime No. 408/2025 registered at P.S. Tikrapara, Dist- Raipur (CG) for the SAGRIKA AGRAWAL Digitally signed by SAGRIKA AGRAWAL Date: 2025.10.28 11:37:22 +0530 2 offence under Sections 137 (2), 64 and 65 (1) of BNS and Section 06, 17, 19 of POCSO Act. 3. The case of the prosecution is that on 06.06.2025, the father of the victim lodge a missing report that her minor daughter was missing since 05.06.2025 and her whereabouts could not be traced out. The police has registered the offence under Section 137 (2) of BNS and started investigation. During the investigation, the victim was recovered on 05.07.2025 from the possession of the main accused Aditya @ Chhotu Dhirhe and after recording the statement of the victim, the other offences under Section 64, 65(1) of BNS and Section 06, 17 and 19 of POCSO Act have been added. The present applicant has also been arrested on 05/072025 on the allegation that he provided shelter to the victim and main accused Aditya @ Chhotu Dhirhe. After investigation, the charge-sheet has been filed. 4. Learned counsel for the applicant would submit that there is no allegation of rape against the present applicant and the allegation against the present applicant is only that when the victim and main accused Aditya @ Chhotu Dhirhe eloped, they take shelter in the house of the present applicant. The applicant is in jail since 05/07/2025, the investigation has been completed and final adjudication will take its own time, therefore, the applicant 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 material collected during the 3 investigation, further considering that the allegation against the present applicant is only that the victim and main accused Aditya @ Chhotu Dhirhe have taken shelter in the house of the present applicant and there is no allegation of rape against the present applicant, without commenting anything on merits, I am inclined to release the applicant on bail. 7. Consequently, this application filed by the applicant under Section 483 of B.N.S.S. for grant of regular bail is hereby allowed. 8. It is directed that the applicant Sandeep Khute 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) 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. (iii) He shall appear before the trial Court on each and every date given to him by the concerned trial Court till disposal of the trial. Sd/- (Ravindra Kumar Agrawal) Judge Sagrika