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2025 DAILYLAW 5273 (CHH)

RAJENDRA @ UMESH SAHU v. STATE OF CHHATTISGARH

MCRC/657/2025 · 2025-02-10

Shri Arvind Kumar Verma

body2025

Judgment text

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1 2025:CGHC:7396 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 657 of 2025 Rajendra @ Umesh Sahu S/o Makhanu Sahu Aged About 35 Years Resident Of Shivani P.S. Mujgahan, District Raipur Chhattisgarh ... Applicant versus State of Chhattisgarh Through Station House Officer, Police Station Abhanpur District Raipur (Chhattisgarh). --- Respondent For Applicant : Mr. CR Sahu, Advocate For Respondent/State : Ms. Laxmin Kashyap, PL. Hon'ble Shri Justice Arvind Kumar Verma Order on Board 10/02/2025 1. This is first bail application filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhita 2023 for grant of regular bail to applicant, who has been arrested in connection with Crime No.148/2024, registered at PS - Abhanpur District Raipur (Chhattisgarh), for commission of offence punishable under Sections 363, 366, 376 (2) (n) of the Indian Penal Code and Section 04 & 06 of the Protection of Children from Sexual Offences Act. 2. Case of prosecution, in brief, is that father of minor prosecutrix/victim lodged missing report to the concerned Police Station based upon which FIR was registered and during course of investigation, prosecutrix was recovered. Her statement was recorded under Section 161 of Cr.P.C, based upon which, applicant was arrested in the aforementioned crime. 2 3. Learned counsel for the applicant submits that applicant has been falsely implicated in this case, he has not committed any offence as alleged against him. Victim has examined before the trial Court and has not supported the case of prosecution. There is no any other criminal antecedents against the applicant. Applicant is in jail since 03.11.2024, conclusion of trial may take some time, hence, applicant may be released on bail. 4. Per contra, learned State Counsel opposes the bail application and submits that there is specific allegation against the applicant of committing aforesaid offence/crime with minor victim, hence, he is not entitled for grant of regular bail. 5. Heard learned counsel for the parties. 6. Pursuant to order of this Court, prosecutrix/victim alongwith her mother appeasred before this Court by virtual mode from the concerned DLSA. She submits that she is having no objection in granting bail to the applicant. 7. Considering facts of the case, nature of allegations, submission of learned counsel for the applicant that victim has turned hostile and has not supported the case of prosecution, further considering that there is no any other criminal antecedent against the applicant, charge-sheet has already been filed, detention period of applicant, conclusion of trial may take some time, without commenting anything on merits of the case, I am inclined to allow this bail application. 8. Accordingly, bail application is allowed. It is directed that applicant shall be released on regular bail, on his furnishing a bail bond in sum of Rs.10,000/- with one surety in like sum to satisfaction of concerned Court on the conditions that- a) Applicant shall not directly or indirectly make any inducement, threat or 3 promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court. b) Applicant shall not act in any manner which will be prejudicial to fair and expeditious trial, and c) Applicant shall appear before trial Court on each and every date given to him by the said Court till disposal of the trial. Certified copy as per rules. Sd/- (Arvind Kumar Verma) Judge J.