1 2025:CGHC:37274 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4811 of 2025 1 - Mohammad Rauf S/o Mohammad Ismile, Aged About 61 Years, R/o Mahngwa Ward No. 2 Surajpur, District Surajpur (C.G.). ---Applicant versus 1 - State Of Chhattisgarh Through Police Station Surajpur, District Surajpur (C.G.). --- Respondent For Applicant : Mr. Mateen Siddiqui, Advocate. For State/Respondent : Mr. K. K. Baharani, P.L. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order on Board 30/07/2025 1. This is the First Bail Application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 161/2025 registered at Police Station -Surajpur, District Surajpur (C.G.), for the offence punishable under Sections 75(2) of BNS and Section 10 of POCSO Act, 2012 and Section 3(1)(W)(1) of the SC & ST Act, 1989. 2. According to the prosecution’s case, Sunil Kumar Porte, Block SOURABH PATEL Digitally signed by SOURABH PATEL Date: 2025.07.31 16:01:04 +0530 2 Education Officer in Surajpur, C.G., filed a written complaint at Surajpur Police Station on 26.03.2025. The complaint alleged that Mohammad Rauf, Headmaster of Goverment Middle School, Laccha, had behaved in a sexual inappropriate manner towards female students of classes, 6, 7 and 8, who belong to tribal communities. The girls reported the misconduct through the child helpline number 1098. A committee, comprising the Sub- Divisional Magistrate, District Education Officer, and District Child Protection Officer, conducted an investigation and found that the headmaster had indeed touched the students inappropriately during school hours between 17.03.2025 and 24.03.2025. Based on the findings, the Collector of Surajpur directed the registration of a criminal case against the headmaster. The police registered a case against Mohammad Rauf under the aforesaid sections. 3. Learned counsel for the applicant argues that the applicant is innocent and has been falsely implicated in this case, with no connection to the alleged offence. It is further submitted that the applicant had never engaged in such conduct, and no student has ever reported any misconduct by the applicant. Additionally, no caste-based bias was observed by the witness in conduct of the applicant. Out of 32 witnesses, only 09 have been examined till date, and among the 06 victims, 4 have been examined and turned hostile. The applicant has no criminal antecedents and has been in jail since 26.03.2025 and the trial is likely to take considerable time to conclude. Therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, learned counsel for the State opposed the 3 bail application, submitting that the victims were minor and aged about 12-13 years at the time of incident, and out of 32 witnesses, only 09 have been examined till date and some important witnesses are yet to be examined, therefore, at this stage, he may not be enlarged on bail. 5. Today, victims along with her father or mother appeared virtually from the concerned DLSA and raised their no objection in granting bail to the applicant. 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. Considering the facts and circumstances of the case, the nature and gravity of the offence, and also taking into account that all the examined victims turned hostile and today also they appeared virtually and raised no objection in granting bail to the applicant, the applicant is in jail since 26.03.2025, and out of 32 witnesses only 09 have been examined and the trial is likely to take considerable time to conclude, therefore, I find it appropriate to release the applicant on bail. 8. Accordingly, the application is allowed and it is directed that the applicant shall be released on bail on his furnishing a personal bond in the sum of Rs. 25,000/- with one surety in the like sum to the satisfaction of the trial Court. Applicant is directed to appear before the trial Court on each and every date to be given to him by the said Court till disposal of the trial. It is made clear that any observation made by this Court in this order shall not affect the trial of the case. 9. Office is directed to send a certified copy of this order to the 4 trial Court concerned for necessary information and compliance forthwith. Sd/- (Sanjay Kumar Jaiswal) Judge Sourabh P.