1 2025:CGHC:35584 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5557 of 2025 1 - P. Nitish Rao S/o Shrinivas Rao, Aged About 35 Years, R/o Radhe A- 21 Krishna Nagar, Colony Bhatapara P.S. Bhatapara City, District - Balodabazar- Bhatapara (C.G.) (Wrongly Written In The Inpugned Order As District – Balodabazar). ... Applicant versus 1 - State Of Chhattisgarh Through P.S. Bhatapara City (Wrongly Written As Bhatapara) District - Balodabazar- Bhatapara (C.G.). ... Respondent For Applicant : Mr. Vikhyat Arora and Mr. Ankur Diwan, Advocates. For Respondent/State : Ms. Priya Sharma, P.L. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order on Board 23 / 07 / 2025 1. The accused/applicant has moved this first bail application under Section 483 of BNSS, 2023 for releasing him on regular bail during trial in connection with Crime No. 248/2025 registered at Police Station – Bhatapara City, District – Balodabazar (C.G.) for the offence punishable under Sections 74, 75(2) of BNS & Section 8 of POCSO Act. SOURABH PATEL Digitally signed by SOURABH PATEL Date: 2025.07.25 11:05:08 +0530 2 2. The prosecution case, in short, is that on 08.04.2025 at about 1:40 pm, when the minor girl aged about 10 years was going to buy goods on a bicycle, the applicant called her near the guard room, made her sit on his lap and started molesting her with wrong intentions. On report being made in this regard, offence under the aforesaid sections have been registered against the applicant. 3. Learned counsel for the applicant contends that the applicant is innocent and has been falsely implicated in the case, with no role in the alleged offence. It is further submitted that there are no eyewitnesses, rendering the prosecution's case entirely false and baseless. Additionally, it is pointed out that there are no injuries to the victim, and no act of sexual assault has been made by the applicant. The applicant has no criminal antecedents and he is in jail since 15.04.2025. 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 counsel for the State vehemently opposes the bail application, submitting that the victim was about 10 years old at the time of the incident. The prosecution relies on CCTV footage of the incident, which allegedly captures the applicant committing a serious offence against the victim, and the trial has not yet commenced, therefore, at this stage, he may not be enlarged on bail. 3 5. Today, victim along with her father and mother appeared in person before this Court 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 trial has not yet commenced, at this stage, I am not inclined to release the applicant on bail. 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.