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2025:CGHC:2499
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 67 of 2025 Sohanlal Singroul S/o Late Budhram Singhroul Aged About 63 Years R/o Village Bharewa, Post Jareli, Tahsil And Police Station Pathariya, District Mungeli Chhattisgarh.
... Applicant versus State of Chhattisgarh Through The Station House OfÏcer, Police Station Pathariya, District Mungeli Chhattisgarh.
... Non-applicant For Applicant : Ms. Sareena Khan, Advocate. For Non-applicant/State : Ms. Monika Thakur, Panel Lawyer. For Complainant : Mr. Hemant Kumar Sahu, Advocate Hon'ble
Shri
Ramesh Sinha, Chief Justice
Order On Board 15.01.2025
1. The applicant has preferred this application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of Second Anticipatory Bail, apprehending his arrest in connection with Crime No. 235/2024, registered at Police Station – Pathariya, District – Mungeli (C.G.) for the alleged commission of offence punishable under Sections 75(1)(i) and 75(1)(ii) of the Bhartiya Nyaya Sanhita, 2023 and Section 7 and 8 of the Protection of Children From Sexual Offences (POCSO) Act . RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN Date: 2025.01.16 11:13:09 +0530
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2. The earlier anticipatory bail application of the applicant has been rejected by this Court in MCRCA No. 1342 of 2024 vide order dated 22.11.2024 on merits.
3. The prosecution's story is based on a written report lodged at P.S. Pathiariya on October 25, 2024. The report states that the complainant's 14-year-old daughter, a Class 8 student at Government Middle School, informed him that the applicant had been touching her inappropriately and asking her to allow him to commit a bad act. She also revealed that the applicant had made similar proposals to her friends, who are students at the same school. Based on this complaint, the police at Police Station Pathariya registered an FIR in Crime No. 235/2024 under Sections 75(1)(i) and 75(1)(ii) of the B.N.S., 2023 and Sections 7 and 8 of the POCSO Act.
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Learned counsel for the applicant submitted that this is second anticipatory bail application and the first anticipatory bail application has been dismissed on merits vide order dated 22.11.2024 in MCRCA No. 1342 of 2024 and the new ground on which the present application is filed is that the complainant has filed a no objection before the learned Sessions Court, exhibiting his no objection if the bail is granted to the applicant. Therefore, he prays for grant of anticipatory bail to the present applicant.
5. On the other hand, the learned State Counsel opposes the anticipatory bail application of the present applicant and submits the applicant, who was the headmaster of the government middle
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6. I have heard learned counsel for the parties and perused the case diary.
7. Considering the nature and gravity of the offence and material on record in the case diary and also considering the fact that the applicant who was the headmaster of the government middle school, allegedly molested complainant's daughter and five other girls who were students under his supervision. Therefore, I am not inclined to grant second anticipatory bail to the applicant.
8. Accordingly, the second anticipatory bail application of the applicant – Sohanlal Singroul, involved in Crime No. 235/2024, registered at Police Station – Pathariya, District – Mungeli (C.G.) for the alleged commission of offence punishable under Sections 75(1)(i) and 75(1)(ii) of the Bhartiya Nyaya Sanhita, 2023 and Section 7 and 8 of the Protection of Children From Sexual Offences (POCSO) Act, is rejected. Sd/- (Ramesh Sinha) Chief Justice Rahul Dewangan