1 2025:CGHC:15807 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2126 of 2025 1 - Ajay Kumar Kannoujiya S/o Subran Das Aged About 47 Years R/o Village Madhala, Police Station Sonhat, District Koriya Chhattisgarh. ... Applicant versus 1 - State Of Chhattisgarh Through The Station House OfÏcer, Police Of Police Station Sonhat, District Koriya Chhattisgarh. ... Non-Applicant For Applicant : Mr. Anil Gulati, Advocate For Res./State : Ms. Prabha Sharma, 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 mother of the victim appeared through virtual mode from DLSA, Koriya, Baikunthpur and raised objection in granting bail to the applicant. Her submission is 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 04.02.2025 in connection with Crime No. 22 of 2025 registered at PS- Sonhat, District Koriya Chhattisgarh for the offence punishable under Sections 115(2) of B.N.S. and Sections 8 & 10 of the Protection of Children from Sexual Offences Act, 2012 (in short “POCSO Act, 2012). 4. Case of the prosecution in brief is that on 03.02.2025 a written complaint has been lodged by mother of the victim, who is 9 years old boy with the allegation that her minor son was resided at xxxxx (Hostel) where the applicant was a peon and he was sexually assaulting her minor son since last 8 months. On the basis written complaint made by the mother of the victim, an FIR has been registered for the offence under sections 115(2) of BNS,2023 and Sections 8 &10 of the POCSO Act, 2012 against the applicant, in which, he has been arrested on 04.02.2025. 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 report has been lodged by the mother of the victim against the applicant. He is a peon in the said Aashram and when he scolded the victim boy for his illegal activities the report has been lodged by his mother. The applicant is in jail since 04.02.2025, charge-sheet has been filed and conclusion of trial will take some time, therefore, applicant may be enlarged on bail. 6. On the other hand, learned State counsel opposes the bail application and submits that the victim is aged about 9 years old boy and subjected to sexual assault by the applicant. There are statements of the witnesses against the applicant, therefore, he is not entitled for grant of bail. 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 3 investigation, further considering the age of the victim as well as the allegation made against the applicant, 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 11:11:50 +0530