Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:32578
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3618 of 2025 Md. Shaheed S/o Abdul Kayum Aged About 45 Years R/o- Village Ramanujganj, Thana Ramanujganj, Distt.- Balrampur-Ramanujganj (C.G.)
... Applicant versus State of Chhattisgarh through Police Station Sanawal, Distt- Balrampur- Ramanujganj (C.G.)
... Respondent
For the applicant : Mr. Sudhir Sharma, Advocate For the State : Ms. Sunita Manikpuri, Deputy Govt. Advocate (Hon’ble Shri Justice Sanjay Kumar Jaiswal) (Order on Board) 14.07.2025
1. This is first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant in Crime No. 60/2024 registered at Police Station Sanawal, District Balrampur-Ramanujganj (CG) for the offences U/S 74 of Bhartiya Nyay Sanhita and Sections 9, 10, 21(2) of the Protection of Children From Sexual Offences Act, 2012 and Section 3(1)(b)(i), 3(2)(V-A), 3(2)(vii) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. A ANNAJEE RAO Digitally signed by A ANNAJEE RAO Date: 2025.07.15 16:19:40 +0530
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2. The prosecution story in brief is that the applicant was posted as Assistant Teacher in Govt. Pre-Secondary School Sanawal and used to molest the girl students studying in the said school and due to fear and shame, no girl student complained. It is alleged that on 11.11.2024 at about 11.00 a.m., the applicant on the pretext of checking homework went to the hostel room of victim who was studying in Class VIII and placed the copy book on the lap of the minor victim-A and molested her with wrong intention. After the said incident, the victim got nervous and informed about the above incident to the hostel superintendent. Thereafter she informed her parents also about the incident. It is further alleged that he also molested the other minor students knowing them to be the members of the Scheduled Tribes. On 13.12.2024, other students complained to the other accused who is the school Principal about the said act of the applicant but the principal asked the victims not to take the matter further and tell anyone about the incident.
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Learned counsel for the applicant submits that the applicant has been falsely implicated and no evidence is available to connect him with the alleged offences and there was delay in lodging the FIR. He submits that even the medical report does not show any injuries on the body of prosecutrix. He further submits that there are no criminal past antecedents against him. It is further submitted that the prosecutrix has been examined, she has not supported the prosecution case and became hostile witness. He submits that the applicant is in jail since 17.12.2024 and till date, out of 32 witnesses, only the victim has been examined and there is no immediate possibility of disposal of the case, therefore, he may be enlarged on bail.
4. Per contra, learned State Counsel opposes the bail application and submits that the applicant used to molest the minor girl students studying in the school.
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5. On 04.07.2025, the victim girl along with her father appeared through VC from concerned DLSA and recorded “No Objection” to grant bail to the applicant.
6. Having considered the submissions made by learned counsel for the parties and the facts and circumstances of the case, without observing anything on merits of the case, I am inclined to release the applicant on regular bail.
7. Accordingly, the bail application is allowed and the applicant is
directed to be released on bail on his furnishing a personal bond in sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the trial Court for his appearance before the said Court as and when directed. Cc as per rules. Sd/-
(Sanjay Kumar Jaiswal) Judge
Rao