1 2025:CGHC:15805 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2110 of 2025 1 - Vyasnarayan Sonwani S/o Samaru Sonwani Aged About 51 Years R/o A / 30/299, New Dhelwadih, Colony, Katghora, Tahsil And P.S. Katghora, District Korba Chhattisgarh. ... Applicant versus 1 - State Of Chhattisgarh Through Station House OfÏcer, Police Station Katghora, District Korba Chhattisgarh. ... Non-Applicant For Applicant : Mr. Aakash Aahuja, Advocate For Res./State : Ms. Vaishali Mahilange, Panel Lawyer Hon'ble Shri Justice Ravindra Kumar Agrawal Order on Board 03.04.2025 1. Pursuant to the order dated 18.03.2025, the victims Nos. 1 & 2 alongwith their mother and grand mother (Dadi) respectively appeared in person before this Court and submitted that they have no objection in granting bail to the applicant. Their submissions are taken on record. 2. Heard on the application filed under Section 483 of the Bharatiya Nagrik Suraksha Sanhita (BNSS, 2023). This is the first bail application before this Court filed by the applicant for grant of regular bail. 2 3. The applicant was arrested on 17.02.2024 in connection with Crime No. 81 of 2024 registered at PS- Katghora, District- korba Chhattisgarh for the offence punishable under Sections 376 of IPC and Sections 4 & 6 of the Protection of Children from Sexual Offences Act, 2012 (in short “POCSO Act, 2012). 4. Case of the prosecution in brief is that on16.02.2024 the applicant took two minor victims towards lane and committed rape upon them. After commission of rape upon them, he fled away from the place. The said incident was witnessed by the School Principal and he also made a video of the incident which was committed by the applicant upon the two minor victims. Thereafter on the written complaint made by the mother of one of the victim, an FIR has been registered for the offence under section 376 of IPC and Section 4 & 6 of the POCSO Act, 2012 against the applicant, in which he has been arrested on 17.02.2024. After investigation, charge-sheet has been filed 5. Learned counsel for the applicant would submit that applicant has been falsely implicated in the crime in question. He would further submit that a false reported has been lodged against the applicant on the basis of apprehension that he has committed the offence in question whereas there is no injuries found on the body of the victims. The applicant is in jail since 13.01.2025, charge-sheet has been filed and conclusion of trial will take some time as the prosecution witnesses are not turning up for their evidences, therefore, applicant may be enlarged on bail. 6. On the other hand, learned State counsel while opposing the bail application would submit that the applicant committed a rape upon the minor victims, who are aged about 6 years and 8 years respectively which is heinous in nature, therefore, he is not entitled for grant of bail. 3 7. Heard learned counsel for the parties and perused the material annexed with the bail application. 8. Considering the submissions made by learned counsel for the parties, also considering the nature of allegation and the material collected during the investigation, further considering the statement of the victims recorded during the investigation and the statement of the Principal of the School, I am not inclined to release the applicant on bail. 9. Accordingly, the instant bail application is rejected. Certified copy as per rules. Sd/- (Ravindra Kumar Agrawal) JUDGE amita Digitally signed by AMITA DUBEY Date: 2025.04.08 10:18:39 +0530