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2026 DAILYLAW 5081 (CHH)

SONU MADVI v. STATE OF CHHATTISGARH

MCRC/334/2026 · 2026-01-26

Shri Sanjay Kumar Jaiswal

body2026

Judgment text

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1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 334 of 2026 Sonu Madvi S/o Late Mithlesh Madvi Aged About 19 Years Caste Gond, R/o Patnampara, P.S. Sukma, District Sukma, Chhattisgarh ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Sukma, District Sukma Chhattisgarh ... Respondent For Applicant : Mr. Nitansh Kumar Jaiswal, Advocate For Respondent : Mr. Amit Verma, P.L. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order On Board 27.01.2026 1. The victim along with her mother appeared before this Court today through virtual mode from the concerned DLSA and expressed their no-objection in granting bail to the applicant. 2. This is the second bail application filed u/s 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No.22/2025 registered at Police Station Sukma, District Sukma BHOLA NATH KHATAI Digitally signed by BHOLA NATH KHATAI Date: 2026.01.28 10:49:23 +0530 2 (CG) for offence punishable under Section 64(1) of BNS and Sections 4 & 6 of Protection of Children from Sexual Offences Act. 3. The first bail application of the applicant was dismissed as withdrawn by this Court vide order dated 24.06.2025 in MCRC No.4038/2025. 4. As per the prosecution case, the applicant knowing fully well that the victim was a minor, repeatedly committed sexual intercourse with her on the pretext of marriage. On report being lodged in this regard, the applicant was arrested on 20.04.2025. 5. Learned counsel appearing for the applicant submits that the victim and her mother have been examined before the trial Court and the victim has not supported the case of prosecution and turned hostile. The victim has also given her no-objection in granting bail to the applicant. He further submits that out of total 14 witness, only 2 witnesses i.e. the victim and her mother have been examined till date, the applicant is in jail since 20.04.2025 and there is no likelihood of the trial to be concluded at the earliest. Hence, considering all these facts, the applicant may be released on bail. 6. Learned State counsel, on the other hand, opposing the bail application submits that the victim was minor at the time of incident and the mother of the victim has supported the case of prosecution. Therefore, considering the nature of offence, the applicant does not deserve to be released on bail. 7. Heard learned counsel for the parties and perused the case diary. 3 8. Taking into consideration the entire facts and circumstances of the case, particularly the court statements of the victim and her mother and also considering the fact that the victim and her mother have expressed their no-objection in granting bail to the applicants, there are total 14 witnesses, out of which only 2 witnesses i.e. the victim and her mother have been examined so far, the applicant is in jail since 20.04.2025 and there is all possibility of the trial taking considerable time for its conclusion, this Court is of the opinion that a case for grant of bail to the applicant has been made out. 9. Accordingly, the application for grant of bail is allowed. It is directed that the present Applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court. The applicant is directed to appear before the trial Court on each and every date to be given to him by the said Court till completion of the trial. 10. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information. Sd/- (Sanjay Kumar Jaiswal) Khatai JUDGE