Deepesh Sinha Vs State of Chhattisgarh

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.56/2025 registered at Police Station Gariyaband, District Gariyaband (CG) for the offence punishable under Sections 363,

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366, 376(2)(n) of IPC and Sections 4 & 6 of Protection of Children from Sexual Offences Act, 2012.

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3. The earlier bail application was dismissed for want of prosecution vide order dated 04.08.2025 in MCRC No.4807/2025.

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4. As per the prosecution case, the allegation against the applicant is that he knowing fully well that the victim was a minor, kidnapped her from the lawful guardianship of her parents on 25.12.23 and had repeated sexual intercourse with her due to which she became pregnant.

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5. Learned counsel for applicant submits that the applicant had married the victim and they were living together. The victim was admitted by the applicant and his parents to Mekahara Hospital, Raipur for delivery where she delivered a baby who died a day later. When it was found that the victim was pregnant at the age of less than 18 years, the matter was reported to the Police by the ward boy of the hospital. He submits that the victim has been examined before the trial Court and she has not supported the case of prosecution and turned hostile. The victim and her brother have also given their no-objection in granting bail to the applicant. He further submits that there are total 22 witnesses, out of which only one witness i.e. the victim has been examined till date, the applicant is in jail since 26.04.2025 and there is no likelihood of the trial to be concluded at the earliest. Therefore, considering all these facts, the applicant may be released on bail.

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6. Learned State counsel, on the other hand, opposing the bail application submits that as per the Dakhil Kharij Register, her date of birth is 13.03.2008. As such, the victim was minor at the time of incident and due to the said offence, she became pregnant and gave birth to a child who died a day later. Therefore, considering the nature of offence, the applicant does not deserve to be released on bail.

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

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8. Taking into consideration the entire facts and circumstances of the case, particularly the fact that the victim has been examined before the trial Court and she has turned hostile, the victim and her brother have given their no-objection in granting bail to the applicant, there are total 22 witnesses out of which only the victim has been examined so far, the applicant is in jail since 26.04.2025 and there is all possibility of the trial taking considerable time for its final conclusion, this Court is of the opinion that a case for grant of bail to the applicant has been made out.

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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.

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

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Sd/- ( Sanjay Kumar Jaiswal)

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Khatai JUDGE

Deepesh Sinha v. State of Chhattisgarh

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Deepesh Sinha v. State of Chhattisgarh

Case brief

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