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2025 DAILYLAW 56277 (CHH)

SAHIL KHARE v. STATE OF CHHATTISGARH

MCRC/9145/2025 · 2025-11-24

Shri Sanjay Kumar Jaiswal

body2025

Judgment text

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1 2025:CGHC:57247 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9145 of 2025 Sahil Khare S/o Pappu Khare, Aged About 21 Years, R/o Village - Mekari, P.S.- Pamgarh, District- Janjgir-Champa (C.G.) ... Applicant versus State Of Chhattisgarh Through- Station House Officer, Police Station - Pamgarh, District- Janjgir-Champa (C.G.) ... Respondent For Applicant : Mr. C. P. Lahre, Advocate For Respondent/State : Mr. Ankur Kashyap, Dy. Govt. Advocate Hon'ble Shri Justice Sanjay Kumar Jaiswal Order On Board 25.11.2025 1. The victim along with her mother appeared before this Court on 21.11.2025 through VC from the concerned DLSA and recorded their no-objection in granting bail to the applicant. 2. Pursuant to the order dated 21.11.2025, the I.O. Mr. Manohar Sinha, Inspector, is present before this Court in person. 3. This is the second bail application filed u/s 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the BHOLA NATH KHATAI Digitally signed by BHOLA NATH KHATAI Date: 2025.11.26 11:23:14 +0530 2 applicant who has been arrested in connection with Crime No.173/2025 registered at Police Station Pamgarh, District Janjgir-Champa (CG) for the offence punishable under Section 75 (1) (i) of BNS and Section 12 of the Protection of Children from Sexual Offences Act. 4. The first bail application of the applicant was rejected on merits vide order dated 16.06.2025 in MCRC No.3890 of 2025. 5. As per the prosecution case, on the intervening night of 25/26.04.2025, when the victim had gone out to use the bathroom, the applicant came there, told her that he liked her and loved her and with bad intentions held her hands, pressed her chest and molested her by saying that he would have physical relations with her. On report being lodged in this regard, the applicant was arrested on 27.04.2025. 6. Learned counsel appearing for the applicant submits that the victim and her mother have given their no-objection in granting bail to the applicant. He further submits that out of total 13 witness, only 2 witnesses have been examined till date, the applicant is in jail since 27.04.2025 i.e. about 7 months and there is no likelihood of the trial to be concluded at the earliest, therefore, considering all these facts the applicant may be released on bail. 7. State counsel, on the other hand, opposing the bail application submits that the victim was minor at the time of incident and 3 considering the nature of offence, the applicant does not deserve to be released on bail. 8. Heard learned counsel for the parties and perused the case diary. 9. Taking into consideration the entire facts and circumstances of the case, particularly the fact that the victim and her mother have given their no-objection in granting bail to the applicant and also considering the fact that there are total 13 witnesses out of which only 2 witnesses have been examined so far, the applicant is in jail since 27.04.2025 and there is all possibility of the trial taking considerable time for its final conclusion, this Court is of the opinion that prima facie, a case for grant of bail to the applicant has been made out. 10. Accordingly, the application for grant of bail is allowed. It is directed that the present Applicant 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. The applicant is directed to appear before the trial Court on each and every date to be given to him by the said Court till completion of the trial. 11.Office is directed to send a certified copy of this order to the trial Court concerned for necessary information. Sd/- (Sanjay Kumar Jaiswal) Khatai JUDGE