SACHIDANAND SARTHI vs THE STATE OF CHHATTISGARH

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CGHC010306782026 2026:CGHC:44780
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
KUNAL
DEWANGAN
Digitally
signed by
KUNAL
DEWANGAN
MCRC No. 7658 of 2026
Sachidanand Sarthi S/o Shri Jairam Sarthi Aged About 30 Years
Occupation Student R/o Village Kunwarpur, (Nadipara), Police Station
And Teshil Lakhanpur, District Sarguja C. G.
... Applicant(s)
versus
The State Of Chhattisgarh Through- The Station House Officer, P. S.
Ambikapur, District Sarguja C. G.
... Non-Applicant(s)
For Applicant : Mr. Neeraj K. Mehta, Advocate.
For Non-Applicant/State : Mr. K.S. Saini, Dy. Govt. Advocate.
Hon'ble Mr. Rakesh Mohan Pandey, Judge
Order on Board
16/10/2026
1. 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.
2. The prosecution story, in brief, is that the victim, aged about 23

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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.
3. 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

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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.
4. 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.
5. 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.
6. I have heard learned counsel appearing for the parties and perused
the case diary.
7. 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

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upon the merits of the case, this Court is inclined to grant bail to the
applicant.
8. 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:-
(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;
(ii) he shall not act in any manner which will be
prejudicial to fair and expeditious trial, &
(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.
- S/- Sd/-
(Rakesh Mohan Pandey)
Judge
Kunal