2025:CGHC:19452 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2515 of 2025 Om Kumar Bhatt S/o Vikram Bhatt Aged About 22 Years R/o Village - Manpur Pahadi, Police Station Mohgaon, District : Khairagarh-Chhuikhadan-Gandai, Chhattisgarh ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Mohgaon, District : Khairagarh-Chhuikhadan-Gandai, Chhattisgarh ... Respondent (Cause title is taken from the CIS) ------------------------------------------------------------------------------------------------------------------ For Applicant : Shri Abhishek Sharma, Advocate For Respondent/State : Shri Karan Kumar Bahrani, PL ------------------------------------------------------------------------------------------------------------------ Hon'ble Shri Justice Ravindra Kumar Agrawal Order on Board 29.04.2025 1. 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 applicants for grant of regular bail. 2. The applicant was arrested on 25.10.2024 in connection with Crime No.33 of 2024 registered at PS- Mohgaon, District- Khairagarh-Chuikhadan- Gandai, CG for the offence punishable under Sections 118, 115(2), 351(2), 74 of the Bhartiya Nyay Sanhita, 2023, and Section 8 of the POCSO Act. 3. Case of the prosecution in brief is that on 14.10.2024, when the victim along with her other friends had gone to enjoy the cultural programme at Digitally signed by V PADMAVATHI Date: 2025.04.30 11:40:42 +0530 Mcrc 2515 of 2025 2 village-Pailimeta on Tractor of one villager, and after enjoying the program, when they were returning in the night, near the village applicant got them down from the Tractor, and on the old dispute, he assaulted the victim by hands and fists, by which, she received injuries on chest, abdomen, back and head. She was taken to the hospital and the matter was reported to the Police by her sister, on which FIR has been registered. After investigation, charge- sheet has been filed. 4. Learned counsel for the applicant would submit that applicant has been falsely implicated in the offence. He saw the victim along with another boy, and he tried to stope her. As a revenge, she lodged report against the applicant. There is no grievous injury, or outraging her modesty. It is clear from the FIR itself that on the old dispute, he assaulted the victim, and it is only a case of assault, not of outraging the modesty of the victim. Applicant is in jail since 25.10.2024, and final adjudication of the case will take its own time. Hence, the applicant may be enlarged on bail. 5. On the other hand, learned State counsel opposes the bail application 6. Considering the submissions made by learned counsel for the parties, also considering the nature of allegations against the present applicant, and the material collected by the prosecution during investigation, further considering the FIR, which has been lodged by the sister of the victim, and statement of the victim recorded under Section 183 of the BNSS, also that applicant is in jail since 25.10.2024, and final adjudication of the case would take some time, without commenting anything on merits of the case, I am inclined to release the applicant on bail. Mcrc 2515 of 2025 3 7. Accordingly, the bail application filed by the applicant- Om Kumar Bhatt, s/o Vikram Bhatt, is allowed and he shall be released on bail on executing a personal bond in sum of Rs.25,000/- with one surety of the like sum to the satisfaction of the concerned trial Court. Applicant shall also abide by the following conditions: a) that the applicant 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 facts to the Court or to any Police Officer; b) that the applicant shall not act, in any manner, which will be prejudicial to fair and expeditious trial. c) that the applicant shall appear before the trial Court on each and every date given to him by the concerned trial Court till disposal of the trial unless exempted. Certified copy as per rules. Sd/- (Ravindra Kumar Agrawal) JUDGE padma