1 2025:CGHC:35580 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5238 of 2025 1 - Aashish Yadav S/o Dilip Yadav, Aged About 26 Years, R/o Village Rambhatha Sanjay Maidan Raigarh District Raigarh (C.G.). ... Applicant versus 1 - State Of Chhattisgarh Through The Station House Officer, P.S., Mahila Thana District Raigarh (C.G.). ... Respondent For Applicant : Mr. Bhagat Ram Ijardar, Advocate. For Respondent/State : Mr. Karan Kumar Baharani, P.L. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order on Board 23 / 07 / 2025 1. The accused/applicants have moved this first bail application under Section 483 of BNSS, 2023 for releasing them on regular bail during trial in connection with Crime No. 11/2025 registered at Police Station –Mahila Thana, District –Raigarh (C.G.) for the offence punishable under Section 74, 75, 127 of BNS and Section 8 of POCSO Act, 2012. 2. The case of the prosecution, in short, is that on 01.06.2025 at about 10:00 am, the applicant sexually assaulted the victim. On SOURABH PATEL Digitally signed by SOURABH PATEL Date: 2025.07.24 11:33:27 +0530 2 report being made in this regard by father of the victim, offence under the aforesaid sections have been registered against the applicant. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the case due to a pre-existing enmity between the applicant and the victim's family, which led to the filing of a false complaint. It is contended that the applicant has a clean record with no criminal antecedents and has been in jail since 01.06.2025. There is no likelihood of his case being decided in the near future, therefore, the present applicant may be released on bail. 4. On the other hand, learned State counsel opposed the bail application, submitting that at the time of incident, the victim was aged about 13 years 05 months. Since the charge-sheet has not been filed, therefore, at this stage, the applicant may not be released on bail. 5. Today, victim along with her father appeared virtually from the concerned DLSA and raised her objection in granting bail to the applicant. 6. I have heard learned counsel for the parties and perused the case diary. 7. Considering the entire facts and circumstances of the case, particularly looking to the material available on record and the evidence against the applicant, further considering the fact that the charge-sheet is yet to be filed, therefore, at this stage, I am not inclined to release the applicant on bail. 3 8. Accordingly, the bail application filed under Section 483 of BNSS, 2023 is rejected. 9. Office is directed to sent a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Sanjay Kumar Jaiswal) Judge Sourabh P.