1 2025:CGHC:15338 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2054 of 2025 1 - Anil Kumar Magre S/o Late Jaggudas Magre Aged About 49 Years R/o Near L.I.C. Office, Lalpur Road, Kawardha, Police Station Kawardha, District Kabirdham, Chhattisgarh. ... Applicant(s) versus 1 - State Of Chhattisgarh Through The Station House Officer, P.S. Kawardha, District Kabirdham, Chhattisgarh. ... Respondent(s) For Petitioner(s) : Shri Ayaz Naved, Advocate and Shri Varunendra Mishra, Advocate For Respondent(s) : Ms. Laxmeen Kashyap, PL (Hon’ble Shri Justice Arvind Kumar Verma) C A V Order 01/04/2025 The applicant has filed this second bail application under Section 483 of the Bhartiya Nagrrik Suraksha Sanhita for grant of regular bail as he is in custody in connection with Crime No. 751/2024 registered at police station Kawardha, Outpost Bazar Charbhata, District Kabirdham (CG) ) for the offence punishable under Sections 74, 75(2) & 78(2) of 2 BNS, 2023 Section 8 and 12 of the POCSO Act 2012 and Section 75 of the Juvenile Justice (Care and Protection of Children) Act, 2015. The first bail application filed by the applicant was dismissed as withdrawn vide order dated 24.01.2025 in M.Cr.C.No. 121/2025. 2. Prosecution case in brief is that complainant lodged a report against the applicant who is a teacher at Government Middle School, Bazar Charbhata, District Kabirdham alleging that the victims who are students of her school had made a complaint that on 3.12.2024, the applicant while teaching in the class used to touch them on back,hands and thigh, they feel bad and requested him not to touch. It is also alleged that the applicant used to come to school intoxicated. However, when the applicant was medically examined where he was found not drunk and it was held that the applicant has been falsely implicated. Thereafter on10.12.2024, the complainant has lodged a written complaint and on enquiry conducted by the police, on the basis of the statement of minor victims, a report was registered against the applicant. During the course of investigation, statement of complainant, victim minor girls and their parents were recorded under Section 183 of BNSS before the Judicial Magistrate First Class, Kawardha and on the basis of the above, the applicant was arrested. 3. Contention of the counsel for the applicant is that the applicant has been falsely implicated in the crime in question. He further submits that the applicant has good reputation and he was holding the present charge of headmaster and administration as well as additional charge of cluster coordinator since 12.08.2021 as his service record is also good, he used to discharge his duty honestly and therefore was given the additional responsibility. He further submits that the complainant was 3 having grudge and ill will against the applicant and therefore, a false report has been lodged against the applicant. It is further submitted that the complainant had never made any complaint to the higher authorities nor had discussed with the fellow teachers or the parents of the victim girls and had directly lodged a report. Lastly, it is submitted that the applicant is in jail since 10.12.2024 and looking to the conduct of the prosecution it is clear that the trial will take time for its conclusion and therefore the applicant be released on bail. 4. Learned counsel for the respondent/State, on the other hand, has opposed the bail application. 5. Victims/minors appeared through the concerned DLSA and have raised objection for granting bail to the applicant. 6. Heard counsel for the parties and perused the case diary with utmost circumspection. 7. On due consideration of the rival submissions and the fact that the applicant used to come to school intoxicated and also misbehaved with the victims with his bad acts by touching their thighs, back and thus, looking to the nature of the offence, I am not inclined to release the applicant on bail. Accordingly, the bail application filed under Section 483 of the BNSS is hereby rejected. Sd/- (Arvind Kumar Verma) Judge SUGUNA DUBEY Digitally signed by SUGUNA DUBEY Date: 2025.04.04 17:41:57 +0530