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2025 DAILYLAW 53509 (CHH)

ABHIMANYU SAHU v. STATE OF CHHATTISGARH

MCRC/9743/2025 · 2025-12-16

Shri Arvind Kumar Verma

body2025

Judgment text

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1 2025:CGHC:61727 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9743 of 2025 • Abhimanyu Sahu S/o Late Mahesh Kumar Sahu Aged About 19 Years R/o Sargipalpara Kondagaon, Thana And District Kondagaon Chhattisgarh ... Applicant. versus • State Of Chhattisgarh Through Police Station - Kondagaon, District - Kondagaon Chhattisgarh. --- Respondent For Applicant : Mr. Sanjay Yadav, Advocate For Respondent/State : Mr. Vivek Sharma, PL. Hon'ble Shri Justice Arvind Kumar Verma Order on Board 17/12/2025 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.115/2025, registered at PS -Kondagaon, District - Kondagaon Chhattisgarh, for commission of offence punishable under Sections 64, 64(2)(M) of BNS and Section 6 of the POCSO Act. 2. Case of prosecution, in brief, is that the applicant has committed forceful sexual intercourse with minor victim, due to which, she 2 became pregnant. Based upon report, FIR was registered and applicant has been arrested in aforementioned crime/offence. 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. On the date of alleged incident, victim was major and there was love affair between the applicant and victim. There is no any other criminal antecedent against the applicant. Applicant is in jail since 20.03.2025, conclusion of trial may take some time, hence, applicant may be released on bail. 4. Per contra, learned State Counsel opposing the bail application of the applicant and submits that applicant has committed forceful sexual intercourse with minor victim (aged about 14 years & 11 months), due to which, she became pregnant and, thereafter, gave a birth to a male child. Hence, looking to the nature of offence, applicant may not be released on bail. 5. Heard learned counsel for the parties. 6. Pursuant to order of this Court, victim alongwith her parents appeared before this Court by virtual mode from the concerned DLSA and raised objection in granting bail to the applicant. 7. Considering facts of the case, nature of allegations, submissions of learned counsel for the parties, particularly the submission that applicant has committed forceful sexual intercourse with minor victim (aged about 14 years), due to which, she became pregnant and, thereafter, gave a birth to a male child, I am not inclined to 3 allow this bail application. 8. Accordingly, bail application is hereby rejected. Certified copy as per rules. Sd/- (Arvind Kumar Verma) Judge J/-