Sahil Sahu Vs State of Chhattisgarh — Child Sexual Offences (POCSO) | Chhattisgarh HC (2025)

Sahil Sahu Vs State of Chhattisgarh — Child Sexual Offences (POCSO) | Chhattisgarh HC (2025)

What the court decided

AI extract

Outcome

First regular bail application under Section 483 BNSS, 2023 allowed; applicant directed to be released on bail on furnishing a personal bond of Rs. 10,000/- with one surety in the like sum, subject to the four conditions imposed (no adjournment-seeking undertaking; attendance before trial court; consequences under ss. 269/209 BNS, 2023 and s. 84 BNSS, 2023 on default/misuse; personal presence at key trial stages including statement under s. 351 BNSS, 2023). Office directed to send certified copy to the trial Court.

Issue for consideration

Whether the applicant, arrested in Crime No. 08/2024 (P.S. Thelkadeeh) for offences under Sections 363, 366, 376(2)(j)(n) IPC and Section 5(j)(ii)(l)/6 POCSO Act, is entitled to be released on regular bail under Section 483 of the BNSS, 2023.

Court's answer

Taking into consideration the facts and circumstances of the case, that the charge-sheet has been filed, that the prosecution has not shown the applicant attempting to tamper with witnesses, that the applicant is in jail since 28.05.2024, and that conclusion of the trial may take some more time, the Court held the applicant entitled to be released on bail.

Ratio / Principle

The applicant was ordered to be released on bail on furnishing a personal bond of Rs. 10,000/- with one surety in the like sum, subject to conditions: (i) undertaking not to seek adjournments when witnesses are present; (ii) presence before the trial court on each date, failing which action under Section 269 BNS, 2023; (iii) proceedings under Section 209 BNS, 2023 upon misuse of bail and failure to appear pursuant to proclamation under Section 84 BNSS, 2023; and (iv) personal presence at opening of the case, framing of charge and recording of statement under Section 351 BNSS, 2023.

Detailed headnote1 paragraphs

Bail — Regular bail under s. 483 BNSS, 2023 — Applicant (aged about 22) arrested in Crime No. 08/2024, P.S. Thelkadeeh, District Khairagarh-Chhuikhadan-Gandai (C.G.), for offences punishable under ss. 363, 366, 376(2)(j)(n) IPC and s. 5(j)(ii)(l)/6 POCSO Act — First bail application — Charge-sheet filed — Prosecution did not show any attempt by the applicant to tamper with witnesses — Applicant in jail since 28.05.2024 and conclusion of trial may take some more time — Victim and her father, appearing in compliance of Court's order dated 13.01.2025, raised no objection to release — Held, applicant entitled to be released on bail — Released on personal bond of Rs. 10,000/- with one surety in the like sum, subject to conditions including an undertaking not to seek adjournments, attendance before the trial court, and liability under ss. 269 and 209 BNS, 2023 and s. 84 BNSS, 2023 in case of default or misuse of bail. (Paras 7-8)

1

2025:CGHC:7585

NAFR

HIGH COURT OF CHHATTISGARH, BILASPUR

MCRC No. 256 of 2025

Sahil Sahu S/o Sonsingh Sahu Aged About 22 Years R/o Village Khairud, Police Station Gunderdehi, District- Balod, Chhattisgarh.

... Applicant

versus

State Of Chhattisgarh Through The Station House Officer, Police Station Thelkadeeh, District- Khairagarh-Chhuikhadan-Gandai, Chhattisgarh.

---- Respondent

For Applicant : Mr. Dinesh Yadav, Advocate For Respondent/State : Mr. Karan Baharani, PL

Hon'ble Shri Justice Arvind Kumar Verma

Order on Board

12/02/2025

In compliance of Court’s order dated 13.01.2025, victim and her father appeared before this Court. On being asked, they have no objection to release the applicant on bail.

2

The applicant has been preferred this first bail application under Section 483 of the BNSS, 2023 for grant of regular bail as he is arrested in connection with Crime No.08/2024, registered at Police Station- Thelkadeeh, District Khairagarh- ChhuikhadanGandai (C.G.) for the offence punishable under Sections 363, 366, 376(2)(j)(n) of IPC and Section 5(j)(ii)(l)/6 of the POCSO Act.

Brief facts of this case are that on 25-01-2024, the mother of the prosecutrix made complaint to the Police Station Thelkadeeh stating therein that on 25-01-2024 at about 10.00 AM, the prosecutrix had gone anywhere without informing the family member of her. On the basis of said report, the police has registered the missing report and during the investigation, the prosecutrix has recovered from the possession of present applicant, therefore the offfences as mentioned above has been registered and filed the charge sheet before the concerned Court.

Learned counsel for the applicant contended that the applicant has not committed any offence he was falsely implicated by alleging as main accused in the present case. He further contended that the prosecutrix and her parents have been examined before the trial Court and have not supported the case of prosecution. He further contended that charge-sheet has been

3

filed and the applicant is in jail since 28.05.2024 and trial is likely to take some time, therefore, it is prayed that the applicant may be released on bail.

Per contra, learned counsel appearing on behalf of the State opposes the bail application submitted by the applicants.

I have heard learned counsel for both the parties, perused the case diary and other materials available on record.

Taking into consideration the facts and circumstances of the case and further considering the fact that chart-sheet has been filed in the present case, the prosecution has not shown that the applicant trying to tamper the witnesses and the applicant is in jail since 28.05.2024 and conclusion of the trial may take some more time, this Court is of the view that the applicant is entitled to be released on bail in this case.

Let the applicant involved in Crime No.08/2024, registered at Police Station- Thelkadeeh, District Khairagarh- ChhuikhadanGandai (C.G.) for the offence punishable under Sections 363, 366, 376(2)(j)(n) of IPC and Section 5(j)(ii)(l)/6 of the POCSO Act, be released on bail on his furnishing a personal bond of Rs.10,000/- with one surety in the like sum to the satisfaction of the Court concerned with the following conditions :

4

(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 269 of BNS, 2023.

(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of the BNSS, 2023 is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 209 of BNS, 2023.

(iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of BNSS, 2023. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

5

Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance forthwith.

Sd/-

(Arvind Kumar Verma) Judge

Vasant