Dismissed¶32

Narayan Sahu v. State of Chhattisgarh

Chhattisgarh HC13 Feb 2025MCRC/536/2025

Case brief

AI extract

What is this about?

Chhattisgarh High Court (Bilaspur), MCRC No. 536 of 2025, order dated 14/02/2025 by Justice Arvind Kumar Verma: first regular bail application under Section 483 BNSS, 2023 of Narayan Sahu rejected in Crime No.450/2024, P.S. Tikrapara, Raipur - offences Sections 376, 376(2)(n), 506 IPC and Section 6 POCSO Act, 2012; minor victim (under 16); applicant a 34-year-old married man; victim and mother objected via video conferencing from DLSA Raipur; gravity of offence weighed against release; applicant in custody since 07.06.2024; charge sheet filed; certified copy sent to trial Court.

What did the court decide?

While deciding the bail application, the Court took into account that at the time of incident the applicant was a 34 years married person while the victim was a minor girl. ¶27

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

2025:CGHC:7945

NAFR

HIGH COURT OF CHHATTISGARH, BILASPUR

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MCRC No. 536 of 2025

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Narayan Sahu S/o Basavan Sahu Aged About 34 Years R/o- Atal Chowk Boriyakhurd P.S. Tikrapara District- Raipur (C.G.)

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... Applicant

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versus

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State Of Chhattisgarh Through Police Station Tikrapara District- Raipur (C.G.).

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---- Respondent

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(Cause title is taken from the CIS)

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For Applicant : Mr. F.S. Khare, Advocate

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For State-Respondent : Mr. Karan Bahrani, P.L.

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Hon'ble Shri Justice Arvind Kumar Verma

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Order on Board

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14/02/2025

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In compliance of Court’s order dated 21.01.2025, victim and her

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mother appeared before this Court through video conferencing from the DLSA Raipur. On being asked, they have raised objection to release the applicant on bail.

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This is the first bail application filed under Section 483 of the BNSS, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No.450/2024 registered at Police Station Tikrapara, District Raipur (C.G.), for the offence punishable under Sections 376, 376(2)(n), 506 of the IPC and Section 6 of the POCSO Act, 2012.

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Case of the prosecution in brief is that the victim was talking with someone in a mobile phone and when mother asked than she did not state as to who she is talking. The mother saw the mobile number and saw that the victim was talking with Narayan. On 15.05.2024, mother taken the victim for counseling at "Open shelter Home, Telibandha and during counseling, the victim narrate the incident that the accused Narayan Sahu is making physical relation with her since last one year, the victim is under 16 years age. After getting the knowledge about the incident, a report is lodged by the Superintendent of shelter home on 07.06.2024 at police station Tikrapara. The accused arrested and after investigation, the charge sheet has been filed.

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Learned counsel for the applicant contended that the applicant is an innocent and has been falsely implicated in the said case. He further contended that as per the applicant, he has not committed any alleged offence. As per statement of victim and her mother, there was dispute with the applicant and there is every possibility to implicate the applicant in a false case. There

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is delay of about one year in lodging the report. At the time of incident, age of victim is more than 18 years of age. The applicant is in jail since 07.06.2024 and the trial will take considerable time for its conclusion, therefore, the applicant may be released on bail.

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Learned State Counsel opposes the submission made by learned counsel for the applicant and submits that the applicant may not be released on bail.

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I have heard learned counsel for the parties and perused the case diary.

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Considering the facts of the case, submission made by learned counsel for the parties and further considering the fact that at the time of incident, aged of the applicant was 34 years married person while the victim was a minor girl.

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In view of its seriousness and after considering other circumstances, it does not seem appropriate to grant bail to this applicant/accused. Looking to the nature and gravity of the offence, this Court is of the opinion that it is not a fit case to enlarge the applicant on bail.

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Accordingly, the bail application of the applicant filed under Section 483 of the BNSS, involved in Crime No.450/2024 registered at Police Station Tikrapara, District Raipur (C.G.), for

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the offence punishable under Sections 376, 376(2)(n), 506 of the

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IPC and Section 6 of the POCSO Act, 2012, is rejected .

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