Yogesh Sahu Vs State of Chhattisgarh

This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023, for grant of regular bail to the applicant, who has been arrested in connection with Crime No. 601/2025 registered at Police Station- Simga, District- BalodabazarBhatapara (C.G.), for the offence punishable under Sections 137(2), 87, 64, 64(2)(m) of the B.N.S., 2023 and Sections 4, 6 of Protection of Children from Sexual Offences Act, 2012.

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The prosecution case, in brief, is that victim aged about 16 years was taken away from lawful guardianship of her parents by the present applicant and they stayed at various places for four months between 27.10.2025 to 30.11.2025, and during that period they maintained

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physical relationship, they returned to their village on 30.11.2025 and on the same date applicant was arrested.

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Learned counsel for the applicant submits that applicant is an innocent person and he has falsely been implicated in the case. It is also contended that subsequently, after arrest of the applicant statement of victim was recoded; she was medically examined and thereafter FIR was registered against the applicant. He would contend that during their stayed they had performed marriage and there was consensual relationship between them. It is also argued that police has completed investigation and filed charge-sheet before the competent Court and applicant is in jail since 30.11.2025, thus he would pray for grant of bail.

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Learned counsel appearing for the State would oppose submissions made by Mr. Verma. He would contend that though the charge-sheet has been filed but trial is in progress. He also contended that as the age of the victim was 16 years on the date of incident, her consent, if any, given would be irrelevant. He would submit that application deserves to be rejected.

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

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Having considered the fact that the victim proceeded alongwith the applicant and stayed at various places for couple of month. Victim in her statement categorically stated that she had performed marriage with the present applicant; charge-sheet has been filed and applicant is in jail since 30.11.2025, without further commenting anything on merits, I am inclined to grant bail to the applicant.

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Accordingly, the regular bail application is allowed and it is directed that in the event of the applicant executing a personal bond for a sum of Rs.50,000/- with one surety in the like sum to the satisfaction of

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the concerned trial Court, he shall be released on bail on the following conditions:-

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(i) he shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court;

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(ii) he shall not act in any manner which will be prejudicial to fair and expeditious trial, &

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(iii) he shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial.

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8. Office is directed to send a certified copy of this order to the trial Court

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concerned for necessary information and compliance forthwith.

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Sd/-

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(Rakesh Mohan Pandey) Judge

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Vaishali

Yogesh Sahu v. State of Chhattisgarh

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Yogesh Sahu v. State of Chhattisgarh

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