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2026 DAILYLAW 36214 (CHH)

SAHDEV POYAM v. STATE OF CHHATTISGARH

MCRC/6505/2026 · 2026-09-16

Shri Rakesh Mohan Pandey

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Judgment text

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1 CGHC010267442026 2026:CGHC:40621 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6505 of 2026 * - Sahdev Poyam S/o Bonja Aged About 25 Years R/o Kodoli, Gaytapara, District - Narayanpur (C.G.) ... Applicant Versus * - State Of Chhattisgarh S.H.O. Police Station - Farasgaon (Wrongly Mentioned As Dhanora) District - Narayanpur (C.G.) ... Non-Applicant For Applicant : Mr. Vaibhav A. Goverdhan, Advocate For Non-Applicant : Ms. Laxmin Kashyap, Panel Lawyer Hon’ble Shri Justice Rakesh Mohan Pandey Order on Board 17/09/2026 1. The applicant has preferred this first bail application under Section 483 of Bharatiya Nagrik Suraksha Sanhita, 2023 as he is in jail since 06.02.2026 in connection with Crime No. 1/2026 registered in Police Station – Farasgaon, District Narayanpur (CG) for commission of offence punishable under Sections 137(2), 64, 64(2)(m) & 65(1) of BNS and Sections 4 & 6 of POCSO Act. 2. As per prosecution story, on 05.02.2026, the uncle of the minor victim lodged a First Information Report at Police Station Farasgaon alleging that on 30.01.2026, the family members observed physical changes in the minor victim, indicative of pregnancy. Upon being subjected to a medical examination, it was revealed that she was carrying pregnancy of approximately six months. Upon inquiry by her family members, the Digitally signed by RAMESH KUMAR VATTI Date: 2026.09.21 18:49:08 +0530 2 minor victim disclosed that the present applicant, who is son of her maternal uncle had developed a close acquaintance with her and, on the pretext of a love affair, repeatedly subjected her to sexual assault during his visits to her house. On the basis of the said report, an FIR was registered against the applicant. 3. Learned counsel for the applicant would submit that the applicant is an innocent person and has been falsely implicated in the crime in question. He would further submit that the victim has already been examined before the trial Court and she has not supported the case of prosecution. He would contend that she has denied suggestion putforth by the Public Prosecutor. He would further submit that the mother, father and uncle of the victim have already been examined, but they have also not supported the case of prosecution. It is also contended that the applicant and victim have already performed marriage, they are blessed with a child and at present, the victim is residing with the family of the applicant. He would pray to release the applicant on bail. He would submit that the applicant is in jail since 06.02.2026 and conclusion of the trial is likely to take some time, therefore, the applicant be released on bail. 4. On the other hand, learned counsel appearing for the State/non- applicant would oppose the bail application. He would submit that at the time of incident, age of the victim was 15 years and there is serious allegations against the present applicant, therefore, the bail application deserves to be rejected. 5. I have heard learned counsel for the parties and perused the case diary. 3 6. Though there are allegations with regard to sexual assault against the present applicant, but the victim, her mother, father and uncle have been examined before the learned trial Court and they have not supported the case of prosecution. Furthermore they have denied suggestions putforth by the Public Prosecutor. The applicant is in jail since 06.02.2026 and the conclusion of the trial is likely to take some time, without expressing any opinion on merits of the case, the bail application is allowed. 7. It is directed that in the event of the applicant executing a personal bond for a sum of Rs.50,000/- with one surety in the like sum to the satisfaction of the concerned Trial Court, he shall be released on bail on the following conditions:- I. He shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such fact to the Court; II. He shall not act in any manner which will be prejudicial to a fair and expeditious trial; III. He shall appear before the trial Court on each and every date given to him by the said Court till the disposal of the trial; and, IV. He shall not involve himself in any offence of a similar nature in future. 8. The observation made in the course of this order is only for considering the case of the applicant on the application for the grant of regular bail. The concerned trial Court shall not be influenced or bound by any observation made in the course of this order. 9. Certified copy as per rules. Sd/- (Rakesh Mohan Pandey) Judge vatti