Sachidanand Sarthi vs The State Of Chhattisgarh

The applicant has preferred this first bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, for grant of regular bail, as he has been arrested in connection with Crime No. 477/2026 registered at Police Station Ambikapur, District Surguja (C.G.), for the offences punishable under Section 69(2)(m) of the Bharatiya Nyaya Sanhita, 2023, and Sections 4 and 6 of the Protection of Children from Sexual Offences Act, 2012.

The prosecution story, in brief, is that the victim, aged about 23 years at the time of lodging the FIR, lodged a report on 02.06.2026 alleging that the applicant had sexually exploited her on the pretext of marriage when she was about 16 years of age and further continued. It is further alleged that the applicant and the victim stayed at various places and that the applicant sexually exploited her on several occasions, but subsequently refused to marry her. On the basis of the complaint, the police registered the aforesaid offences against the applicant.

Learned counsel for the applicant would submit that the applicant is innocent and has been falsely implicated in the present case. He would further submit that there is a considerable delay of approximately seven years in lodging the FIR, as the alleged relationship commenced in 2019, whereas the FIR was lodged on 02.06.2026, when the victim had attained the age of majority. Referring to the statements of the victim recorded under Sections 180 and 183 of the Bharatiya Nagarik Suraksha Sanhita, 2023, he would submit that the victim has stated that she was in a consensual relationship with the applicant, which continued for some time, but the relationship came to an end when their respective family members did not agree to their marriage. He would further submit that they again met in the year 2025 and thereafter resumed their physical relationship. It is also submitted that the victim had earlier lodged a complaint before the concerned police authorities, which was subsequently withdrawn by her. Learned counsel would further submit that the charge-sheet has already been filed before the competent Court, the applicant has no criminal antecedents and he has been in custody since 16.07.2026. As the conclusion of the trial is likely to take some time, the applicant may be released on bail.

On the other hand, learned State counsel would oppose the prayer for grant of bail and submit that the victim was allegedly sexually exploited for the first time when she was about 16 years of age and was a minor. He would further submit that the FIR and the statements of the victim recorded under Sections 180 and 183 of the Bharatiya Nagarik Suraksha Sanhita, 2023, contain serious allegations against the applicant. Considering the nature and gravity of the allegations, he would pray for rejection of bail application.

Pursuant to the order dated 18.08.2026, the victim appeared before this Court through video conferencing and raised serious objection to the grant of bail to the applicant.

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

Having considered the facts and circumstances of the case, nature of allegations alleged against the applicant, objection raised by the victim through video conferencing, the delay of approximately seven years in lodging the FIR, the fact that the victim was about 23 years of age at the time of lodging the report and the submissions made with reference to her statements regarding the nature and course of the relationship, coupled with the fact that charge-sheet has already been filed, the applicant has no criminal antecedents and he has been in custody since 16.07.2026, thus without further commenting upon the merits of the case, this Court is inclined to grant bail to the applicant.

Accordingly, the bail application of the applicant is allowed. 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 the concerned trial Court, he shall be released on bail on the following conditions:-