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2026 DAILYLAW 27800 (CHH)

SAURABH ODDI @ SAI v. STATE OF CHHATTISGARH

MCRC/5654/2026 · 2026-07-19

Shri Sanjay Kumar Jaiswal

body2026

Judgment text

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1 CGHC010241822026 2026:CGHC:30731 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5654 of 2026 Saurabh Oddi @ Sai S/o Anjanhelu Oddi Aged About 23 Years R/o Eangpalli, P.S. Ilmidi, District Bijapur (C.G.) ...Applicant versus State of Chhattisgarh Through- The Police Station Bhopalpatnam, District Bijapur (C.G.) ... Respondent/State For Applicant : Mr. Vikas Patel, Advocate. For Respondent/State : Mrs. Deepa Singh, PL Hon'ble Shri Justice Sanjay Kumar Jaiswal Order on Board 20.07.2026 1. The accused/applicant has moved this Second bail application under Section 483 of BNSS, 2023 for releasing him on regular bail during trial in connection with Crime No. 42/2025 registered at Police Station – Bhopalpatnam, District –Bijapur (C.G.) for the offence punishable under Sections 137(2), 87, 64(2) (M), 296, 115, 127 (2), 351 (2), 324 (2), 3 (5) of BNS & Section 6 of POCSO Act and Section 3 (2) (v) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. Digitally signed by AMIT PATEL 2 2. The first bail application filed by the applicant was dismissed as withdrawn by this Court with the aforesaid liberty on 31.01.2026 in MCRC No. 435 of 2026. 3. As per the prosecution’s case, on 27.09.2025, the applicant seduced the minor victim, took her to Bhopalpatnam and committed repeatedly sexual intercourse with her. Based on this, offence has been registered against the present applicant. 4. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. He further submits that the victim voluntarily accompanied the applicant and was a consenting party; therefore, no offence is made out against the applicant and out of the 23 prosecution witnesses, only two witnesses, the victim and her mother, have been examined before the learned Trial Court and they did not support the prosecution case. He next submits that the victim has been examined and has not stated anything against the applicant. The applicant has no criminal antecedents and has been in jail since 08.10.2025 and the trial is likely to take considerable time to conclude, therefore, the present applicant may be released on bail. 5. On the other hand, learned counsel for the State opposes the bail application and submits that at the time of incident, the victim was a minor girl aged about 17-18 years and out of 23 witnesses only 02 have been examined till date and several important witnesses remain to be examined, therefore, at this stage, he may not be enlarged on bail. 6. Pursuant to the order dated 15.07.2026 passed by this Court, the victim appeared before this Court along with her mother virtually through concerned DLSA and raised no objection to the grant of bail to the applicant. 7. I have heard learned counsel for the parties and perused the case diary. 3 8. Considering the facts and circumstances of the case, the nature and gravity of the offence and on perusal of the court statement of the victim and the fact that the applicant has been in jail since 08.10.2025, out of 23 witnesses, only 02 have been examined till date and the trial is likely to take considerable time to conclude, therefore, I find it appropriate to release the applicant on bail. 9. Accordingly, the application is allowed and the applicant is directed to be released on bail on his furnishing a personal 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. 10. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Sanjay Kumar Jaiswal) Judge AMIT PATEL