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2026 DAILYLAW 27289 (CHH)

PRASHANT SAHU v. STATE OF CHHATTISGARH

MCRC/5639/2026 · 2026-07-15

Shri Sanjay Kumar Jaiswal

body2026

Judgment text

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1 CGHC010222542026 2026:CGHC:30306 HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5639 of 2026 Prashant Sahu S/o Late Kamlakant Sahu Aged About 28 Years Caste Kolta R/o Village Kuliyari Police Station Gaisilet District- Bargarh (Odisha) ... Applicant versus State of Chhattisgarh through the Station House Officer, Police Station Tendukona , Mahasamund District- Mahasamund (C.G.) ... Respondent For the applicant : Mr. Vivek Bhakta, Advocate For the State : Ms. Deepeshwari Mahilwar, Panel Lawyer (Hon’ble Shri Justice Sanjay Kumar Jaiswal) Order on Board 16.07.2026 1. This is second bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant in Crime No.96/2025 registered at Police Station Tendukona, Mahasamund, District Mahasamund (C.G) for the offence punishable under Section 67-B of the I.T. Act, 2000 and Section 12 of the POCSO Act. 2. The first bail application was rejected by order dated 20.01.2026 passed in MCRC No.9749 of 2025. 3. As per the prosecution case, the allegation against the applicant is that during 01.07.2025 to 07.08.2025, the applicant extending threat to viral the obscene picture of the victim sexually harassed the victim. Based on the report given, offence has been registered against the applicant. ALLENA ANNAJEE RAO Digitally signed by ALLENA ANNAJEE RAO Date: 2026.07.17 10:10:19 +0530 2 4. Learned counsel for the applicant submits that after rejecting the first bail application, the victim has been examined before the trial Court and at para 21 of her cross examination, she has not categorically supported the prosecution case. He further submits that the evidence regarding the correct age of victim has also not been collected by the prosecution. Till date, out of 22 witnesses only 2 have been examined; appellant is in jail since 02.11.2025 and there is no likelihood of early disposal of trial, therefore, the applicant be released on bail at this stage. 5. Per contra, learned State Counsel opposes the bail application and submits that at the time of incident, the victim was minor. She further submits that the victim and her father have been examined and they have supported the case of prosecution. 6. The Victims along with her father has appeared through VC from the concerned DLSA and raised objection to grant bail to the applicant. 7. Having considered the submissions made by learned counsel for the parties and looking to the court statement of victim and there is no possibility of immediate conclusion of trial and further considering to the changing circumstances after rejection of first bail and the long custody of the applicant, without observing anything on merits of the case, I am inclined to release the applicant on regular bail. 8. Accordingly, this bail application is allowed and the applicant is directed to be released on bail on his furnishing a bond in sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the trial Court for his appearance before the said Court as and when directed in that behalf. Cc as per rules. Sd/- (Sanjay Kumar Jaiswal) Judge Rao