Sachin Das Vs State of Chhattisgarh — Child Sexual Offences (POCSO) | Chhattisgarh HC (2025)

Sachin Das Vs State of Chhattisgarh — Child Sexual Offences (POCSO) | Chhattisgarh HC (2025)

What the court decided

AI extract

Outcome

Release on regular bail on furnishing a personal bond of Rs. 25,000/- with one surety in the like sum to the satisfaction of the trial Court.

Issue for consideration

Whether the applicant should be enlarged on regular bail in Crime No. 99/2023 (Police Station Doundi, District Balod) registered for offences under Sections 363, 366, 376(2)(n) IPC and Section 5(L)/6 of the POCSO Act, 2012.

Ratio / Principle

Having considered the submissions of counsel and the facts and circumstances, and without observing anything on merits, the Court was inclined to release the applicant on regular bail.

Key takeaways

The bail application is allowed; the applicant is to be released on bail on furnishing a personal bond of Rs. 25,000/- with one surety in the like sum to the satisfaction of the trial Court for appearance as and when directed.ratio¶23

Detailed headnote1 paragraphs

Regular bail granted — First bail application under Section 483 BNSS, 2023 — Crime No. 99/2023, P.S. Doundi, Dist. Balod — Offences under Sections 363, 366, 376(2)(n) IPC and Section 5(L)/6 POCSO Act, 2012 — Prosecution case: minor girl missing since 10.04.2023, reported 14.04.2023, recovered from applicant's custody during investigation; allegation of allurement, taking away without consent of guardians and forcible intercourse resulting in pregnancy and birth of a child — Counsel's pleas: prosecutrix major and consenting; left home after family dispute; love affair while working as labourer at Sehore (M.P.); marriage after attaining majority with a child born; victim examined and did not support prosecution; earlier interim bail of 15 days not misused; in jail since 20.03.2025; only 2 of 22 witnesses examined with no immediate prospect of trial completion — State opposed contending the girl was minor and was enticed away — Victim and her father present in Court and raised no objection to bail — Held, without observing anything on merits, bail allowed on personal bond of Rs. 25,000/- with one surety in the like sum (Sanjay Kumar Jaiswal, J., 04.07.2025).

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A ANNAJEE RAO	Digitally signed by A ANNAJEE RAO Date: 2025.07.04 16:12:04 +0530

2025:CGHC:30702

HIGH COURT OF CHHATTISGARH AT BILASPUR

MCRC No. 3629 of 2025

1 - Sachin Das S/o Gita Das Vaishnav Aged About 32 Years R/o Bairagarh Khuman, Police Station - Shyampur, District Sehore Madhya Pradesh ... Applicant

versus

1 - State of Chhattisgarh through Station House Officer, Police Station Doundi, District - Balod Chhattisgarh ... Respondent

For the applicant : Mr. Nimesh Kumar Jha, Advocate For the State : Ms. Priya Sharma, Panel Lawyer

(Hon’ble Shri Justice Sanjay Kumar Jaiswal)

Order on Board

04.07.2025

1. This is first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant in Crime No. 99/2023 registered at Police Station Doundi District Balod, Chhattisgarh for the offences punishable under sections 363, 366,

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376(2)(n) of IPC and Section 5(L)/6 of the Protection of Children from Sexual Offences Act, 2012.

2. The prosecution story, in brief, is that on 14.4.2023, the father of the girl has lodged the report that his daughter is missing since 10.04.2023, which led to registration of crime and during investigation, the girl was recovered from the custody of the applicant. The allegation against the applicant is that knowing the victim to be a minor girl he allured and took her away without consent of her legal guardianship and committed forceful sexual intercourse with her, due to which, she became pregnant and a child was born to her.

3. Learned counsel for the applicant submits that at the time of incident, the prosecutrix was major and was a consenting party. He submits that the prosecutrix left the house due to dispute with her family members and thereafter she started working as labour at Sehore (M.P) where the applicant was also doing the labour work, as such, they came to know with each other and there was love affairs between them. He further submits that after attaining the age of majority, she had married the applicant and out of the wedlock, a child was also born and there is no main male member to look after him. It is further submitted that the victim has already been examined and she has not supported the case of prosecution. He submits that earlier applicant was granted interim bail for 15 days and thereafter he surrendered and did not misuse the liberty granted to him. He submits that the applicant is in jail since 20.03.2025 and till date, out of 22 witnesses, only the victim and

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her father have been examined and there is no immediate possibility of disposal of trial, therefore, he may be enlarged on bail.

4. Per contra, learned State Counsel opposes the bail application and submits that the girl was minor and the applicant has enticed her away from the lawful custody of her parents and established physical relations, thereby the girl became pregnant and gave birth to a child.

5. The victim girl along with her father is present in person before the Court and have not objected to grant bail to the applicant.

6. Having considered the submissions made by learned counsel for the parties and the facts and circumstances of the case, without observing anything on merits of the case, I am inclined to release the applicant on regular bail.

7. Accordingly, this bail application is allowed and the applicant is directed to be released on bail on his furnishing a personal bond in sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the trial Court for his appearance before the said Court as and when directed.

CC today.

Sd/-

(Sanjay Kumar Jaiswal) Judge

Rao