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2025 DAILYLAW 53512 (CHH)

PUSTAM @ GUDDU YADU v. STATE OF CHHATTISGARH

MCRC/7612/2025 · 2025-10-16

Shri Ravindra Kumar Agrawal

body2025

Judgment text

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2025:CGHC:52016 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7612 of 2025 Pustam @ Guddu Yadu S/o Banshidhar Yadu Aged About 25 Years R/o Devbhog, Police Station Devbhog, District Gariyaband Chhattisgarh ... Applicant(s) versus State Of Chhattisgarh Through The Station House Officer, Police Of Police Station Devbhog, District Gariyaband Chhattisgarh ... Respondent (Cause title is taken from the CIS) ------------------------------------------------------------------------------------------------------------------ For Applicant : Shri AD Kuldeep, Advocate For Respondent/State : Shri Pranjal Shukla, PL ------------------------------------------------------------------------------------------------------------------ Hon'ble Shri Justice Ravindra Kumar Agrawal Order on Board 17.10.2025 1. Pursuant to order dated 22.09.2025, victim appeared from the concerned DLSA, and raised objection in granting bail to the applicant. 2. Heard on the application filed under Section 483 of the Bharatiya Nagrik Suraksha Sanhita (BNSS, 2023). This is the first bail application before this Court filed by the applicant for grant of regular bail. 3. Applicant was arrested on 25.04.2025 in connection with Crime No.111 of 2025 registered at PS- Devbhog, District-Gariyaband, CG, for the offence punishable under Sections 87, 64 (2) (m) of the BNS, and Section 4 and 6 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) . Digitally signed by V PADMAVATHI Date: 2025.10.18 14:53:19 +0530 Mcrc 7612 of 2025 2 4. Case of the prosecution in brief is that 24.04.2025victim lodged a report to the Police that she was being sexually exploited by the present applicant on the pretext of marriage from 10.01.2024 19.04.2025. Police registered offence and arrested the applicant. 5. Learned counsel for the applicant would submit that victim was major at the time of incident, having love affair with the applicant, and she on her own will made consensual physical relation with the applicant. However, and only to extract money from him, she lodged the report. Applicant is in jail since 25.04.2025, and final adjudication of the case will take its own time, therefore, applicant may be enlarged on bail. 6. On the other hand, learned State counsel opposes the submissions made by learned counsel for the applicant, and would submit that the victim is a minor girl, and she was sexually exploited by the applicant on the pretext of marriage. He would further submit that applicant is already married man, who developed physical relation with the victim. Thus, it is not a case of love affair between them, but it is a case of sexual exploitation of the victim. Hence, appellant is not entitled for bail. 7. Heard learned counsel for the parties, and perused the material annexed with the bail application, as well as case diary. 8. Considering the submissions made by learned counsel for the parties, also considering nature of allegation against the applicant, further considering the age of the victim, as well as observation made in the order dated 24.05.2025, passed by the learned trial Court, that the applicant is already a married man, I am not inclined to release the applicant on bail. Mcrc 7612 of 2025 3 9. Accordingly, the bail application filed by the applicant- Pustam @ Guddu Yadu, s/o Banshidhar Yadu is rejected. Certified copy as per rules. Sd/- (Ravindra Kumar Agrawal) JUDGE padma