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2025 DAILYLAW 54366 (CHH)

HEMANT SAHU@ BHOLU v. STATE OF CHHATTISGARH

MCRC/8396/2025 · 2025-12-09

Shri Arvind Kumar Verma

body2025

Judgment text

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1 2025:CGHC:60082 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8396 of 2025 • Hemant Sahu @ Bholu S/o Laxminarayan Sahu, Aged About 24 Years R/o Ward No. 13 Tufan Chowk Pisoud, P.S. Janjgir, District Janjgir Champa (C.G.) ... Applicant. versus • State Of Chhattisgarh Through Station House Officer, Police Station Janjgir, District Janjgir Champa (C.G.). --- Respondent For Applicant : Mr. Amit Kumar, Advocate. For Respondent/State : Mr. Ajit Singh, GA. Hon'ble Shri Justice Arvind Kumar Verma Order on Board 10/12/2025 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.523/2025, registered at PS -Janjgir, District Janjgir Champa (C.G.), for commission of offence punishable under Sections 65(1), 351(3) of BNS and Sections 4 & 6 of the POCSO Act. 2 2. Case of prosecution, in brief, is that on 30.05.2025, applicant took the minor victim/prosecutrix to the abandoned place and, thereafter, committed forceful sexual intercourse with her. 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. There is delay in lodging of FIR, which has not been explained properly by the prosecution. No injury has been found on the body of victim during medical examination. There is no any other criminal antecedent against the applicant. Applicant is in jail since 07.06.2025, 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 there is specific allegation against the applicant of committing forceful sexual intercourse with minor victim (aged about 15 years), 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 and they 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 age of the victim and 3 the fact that it is a case of forceful sexual intercourse with the minor victim by the present applicant, I am not inclined to allow this bail application. 8. Accordingly, bail application is hereby rejected. Certified copy as per rules. Sd/- (Arvind Kumar Verma) Judge J/-