Subham Sahu Vs State of Chhattisgarh

1. The victim along with her mother and paternal uncle (Mama) appeared before this Court today and expressed their no objection in granting bail to the applicant.

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2. Heard the application filed u/s 483 of Bharatiya Nagarik Suraksha Sanhita, 2023. This is the first bail application for grant of regular bail to the applicant who has been arrested in connection with

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Crime No.134/2025 registered at Police Station Seepat, District Bilaspur (CG) for the offence punishable under Sections 137(2), 87, 64(2)(m) of BNS and Section 5( B )/6 of Protection of Children from Sexual Offences Act, 2012.

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3. As per the prosecution case, the applicant knowing fully well that the victim was a minor, kidnapped her from the lawful guardianship of her parents and committed sexual intercourse with her several times. On report being lodged in this regard, the applicant was arrested on 09.03.2025.

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4. Learned counsel appearing for the applicant submits that the victim and her maternal uncle have been examined before the trial Court and they have not supported the case of prosecution and turned hostile. The victim, her mother and maternal uncle have also given their no-objection in granting bail to the applicant. There is no criminal antecedent of the applicant. He further submits that out of total 22 witness, only two witnesses i.e. the victim and her maternal uncle have been examined till date, the applicant is in jail since 09.03.2025 and there is no likelihood of the trial to be concluded at the earliest, therefore, the applicant may be released on bail.

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5. State counsel, on the other hand, opposing the bail application submits that the victim was minor at the time of incident and considering the nature of offence, the applicant does not deserve to be released on bail.

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6. Heard learned counsel for the parties and perused the case diary.

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7. Taking into consideration the entire facts and circumstances of the case, particularly the fact that the victim and her maternal uncle have turned hostile, the victim, her mother and maternal uncle have also given their no objection in granting bail to the applicant and also considering the fact that there are total 22 witnesses, out of which only 2 witnesses i.e. the victim and her maternal uncle have been examined till date and the applicant is in jail since 09.03.2025 and there is all possibility of the trial taking sometime for its final conclusion, this Court is of the opinion that prima facie, a case for grant of bail to the applicant has been made out.

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8. 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.

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9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information.

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Khatai JUDGE

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Sd/- ( Sanjay Kumar Jaiswal)

Subham Sahu v. State of Chhattisgarh

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Subham Sahu v. State of Chhattisgarh

Case brief

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