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2026 DAILYLAW 37261 (CHH)

RAJU SAHIS v. STATE OF CHHATTISGARH

MCRC/3916/2026 · 2026-09-27

Shri Rakesh Mohan Pandey

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Judgment text

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1 CGHC010165942026 2026:CGHC:42105 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3916 of 2026 1 - Raju Sahis S/o Itwari, Aged About 30 Years R/o Village Avarid, Police Station Navagarh, District- Janjgir Champa C.G. 2 - Aghghan Bai W/o Raju Sahis Aged About 35 Years R/o Village Avarid Police Statioin Navagarh, District Janjgir Champa- C.G. 3 - Rajni Sahis W/o Late Sahis, Aged About 28 Years R/o Village Avarid Police Statioin Navagarh, District Janjgir -Champa- C.G. ... Applicants versus 1 - State Of Chhattisgarh Through The Station Home Officer, Police Station Navagarh, District Janjgir Champa C.G. ... Non-applicant For Applicants : Mr. P.M. Shrivas, Advocate For Non-Applicant : Ms.Soumya Sharma, P.L. Hon’ble Shri Justice Rakesh Mohan Pandey Order on Board 28.09.2026 1. This is the First bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicants who have been arrested in connection with Crime No. 64/2026 registered at Police Station-Navagarh, Janjgir-Champa (C.G.) 2 for the offence punishable under Sections 137(2), 64(2)(m), 65, 3(5) of the Bhartiya Nyaya Sanhita, 2023 and Sections 4 & 6 of the POCSO Act. 2. The prosecution story, in brief, is that on 19.02.2026 at about 12:00 midnight, the main accused, who is a juvenile, took away the victim, aged about 16 years and three months, from the lawful guardianship of her parents. The victim remained with the main accused for a period of seven days and thereafter was recovered by the police from the possession of applicant No.3. On the basis of such allegations, the police arrested the present applicants. 3. Learned counsel for the applicants would submit that the main allegation of sexual assault is against the main accused, who is a juvenile, whereas the allegation against the present applicants is limited to providing shelter to the victim and said main accused. He would contend that the applicants have no criminal antecedents; they are in jail since 30.03.2026 and conclusion of the trial may take some time, thus, he prays for grant of regular bail to the present applicants. 4. On the other hand, learned State counsel opposes the bail application of the present applicants and submits that the applicants have no criminal antecedents, the charge-sheet has been filed and they are in jail since 30.03.2026. She would contend that the main allegation of sexual assault is against main accused who is a juvenile, and the present applicants provided assistance to the main accused in committing the offence. Thus, the applicants are not entitled to the grant of regular bail. 3 5. I have heard learned counsel for the parties and perused the case diary. 6. The victim appeared through Video Conferencing from DLSA, Janjgir- Champa (CG) and raised serious objection for grant of bail to the present applicants. 7. Having considered the fact that the charge-sheet has been filed; the applicants are in jail since 30.03.2026; they have no criminal antecedents; and the main accused, who is a juvenile, is alleged to have sexually assaulted the victim, without expressing any opinion on the merits of the case, this Court is of the considered view that a fit case for grant of regular bail is made out. Accordingly, the bail application filed by the applicants is allowed. 8. It is directed that in the event of the applicant executing a personal bond for a sum of Rs. 50,000/- each with one surety in the like sum to the satisfaction of the concerned trial Court, they shall be released on bail on the following conditions:- (i) They 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 them from disclosing such fact to the Court; (ii) they shall not act in any manner which will be prejudicial to fair and expeditious trial, & (iii) they shall appear before the trial Court on each and 4 every date given to them by the said Court till disposal of the trial. The observation made hereinabove is for the purpose of deciding this bail application only, the learned trial Court shall decide the case on its own merits. The deciding this bail application only, the learned trial Court shall decide the caSd/-se on its own merits. - Sd/- (Rakesh Mohan Pandey) JUDGE Rekha