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2026 DAILYLAW 31250 (CHH)

SUNIL KUMAR SARTHI v. STATE OF CHHATTISGARH

MCRC/4150/2026 · 2026-08-20

Shri Narendra Kumar Vyas

body2026

Judgment text

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1 CGHC010172352026 2026:CGHC:37692 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4150 of 2026 • Sunil Kumar Sarthi S/o Mohar Sai Aged About 28 Years R/o Ludeg, P.S. Pathalgaon, Distt. Jashpur, Currently R/o At Bhatta Para, District Hospital, Distt. Surguja, Chhattisgarh. --- Applicant versus • State Of Chhattisgarh Through Arakshi Kendra Gandhi Nagar, Distt. Surguja, Chhattisgarh. --- Respondent MCRC No. 5858 of 2026 • Lavkush Kumar Kannaujia S/o. Shankh Lal, Aged About 25 Years R/o. Village - Sarna, Police Station - Raghunath Nagar, District - Balrampur- Ramanujganj (C.G.), Presently R/o. Nera Mahavir Hospital, Subhash Nagar, Police Station- Gandhinagar, District - Surguja (C.G.) ---Applicant Versus • State Of Chhattisgarh Through Police Station - Gandhinagar, District - Surguja (C.G.) --- Respondent For Applicant in MCRC No. 4150 of 2026 : Mr. Dev Ashish Biswas, Advocate For Applicant in MCRC No. 5858 of 2026 : Mr. Sheshav Shekhar Barik, Advocate For State : Mr. Afroj Khan, Panel Lawyer Hon'ble Shri Justice Narendra Kumar Vyas Order On Board BHUMIKA ANGARE Digitally signed by BHUMIKA ANGARE Date: 2026.08.21 17:46:38 +0530 2 21.08.2026 1. Since the applicants in both the cases have been charge-sheeted for same Crime No. 42/2026, they are being heard analogously and are being disposed of by this common order. 2. In pursuance of direction given by this Court on 09.07.2026, the victim along with her father is present before this Court through concerned DLSA and have raised their objection in releasing the applicants on bail. Their submission is taken on record. 3. These are the First bail applications filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicants, who have been arrested on 24.01.2026 in connection with Crime No. 42/2026 registered at Police Station- Gandhinagar, District- Surguja (C.G.) for the offence punishable under Sections 137(2), 65(1), 70(2) of Indian Penal Code and Section 4(2) of Protection of Children from Sexual Offences Act, 2012. 4. The case of the prosecution, in brief, is that the victim's father lodged a report alleging that his daughter, aged about 13 years, was kidnapped by the applicants along with two other co-accused, and thereafter, the alleged offences were committed. On the basis of the report, FIR was registered and offence as mentioned above has been registered against the applicants. 5. Learned counsel for the applicants would submit that the applicants are in jail since 24.01.2026, the trial is likely to take sometime for its final disposal, as the evidence is still at the initial stage and would pray that the applicants may be enlarged on bail. 6. On the other hand, learned counsel for the State opposing the submission would submit that the victim has supported the case of the 3 prosecution in her statement recorded before the Trial Court. He would further submit that the victim's father has also supported the prosecution case victim has supported case of the prosecution as in her evidence recorded before the trial Court also and her father has also supported the case. Thus, there is sufficient material against the applicants and would pray for rejection of the bail applications. 7. I have heard learned counsel for the parties and perused the case diary. 8. Considering the submission made by learned counsel for the parties, the material collected during the course of investigation, and particularly the statement of the victim recorded before the trial Court, I am of the view that this is not a fit case where the bail applications filed by the applicants should be considered. 9. Accordingly, the instant bail applications are disposed of. Sd/- (Narendra Kumar Vyas) Judge Bhumika