1 2025:CGHC:40496 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5800 of 2025 Antaryami Bhoi S/o Tikeshwar Bhoi, Aged About 37 Years R/o Village Saldih, P.S. Sankra, District Mahasamund Chhattisgarh ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Sankra, District Mahasamund Chhattisgarh ... Respondent For Applicant : Mr. Sudhir Kumar Sahu, Adv. For Respondent/State : Mr. Vivek Sharma, P.L. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order On Board 12/08/2025 1. The victim along with her grand-father appeared virtually from concerned DLSA before this Court today and recorded ‘objection’ in granting bail to the applicant. 2. The applicant has preferred this 1st bail application under Section 483 of Bhartiya Nagrik Suraksha Sanhita Act 2023 for grant of regular bail as he is arrested in connection with crime No.58/2025, registered at Police Station – Sankra, District- Mahasamund (C.G.) for offence punishable under Sections 65(2) of the BNS and Section 6 of the POCSO Act, 2012. SHUBHAM SINGH RAGHUVANSHI Digitally signed by SHUBHAM SINGH RAGHUVANSHI Date: 2025.08.13 12:07:03 +0530 2 3. The prosecution story, in short, is that on 30.03.2025, the applicant taken the minor victim aged about 6 years to his home, he tied a handkerchief over her eyes and committed aggravated penetrative sexual assault with her. Based on above, offence has been registered against the applicant. 4. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the crime in question. He further submits that there was a land dispute between the father of the applicant and grand-father of the victim, therefore, a false report has been lodged against the applicant. He lastly submits that the applicant is in jail since 10.04.2025, there are total 13 prosecution witnesses and the trial has not commenced till date and it is likely to take some time to be finalized, therefore, it is prayed that the applicant may be enlarged on bail. 5. Per contra, learned Counsel appearing on behalf of the State opposes the bail application and submits that at the time of incident, the victim was aged about 6 years. In her statement recorded under Section 183 of BNSS, she supported the case of prosecution. Therefore, looking to the nature of offence, the applicant may not be released on bail. 6. I have heard learned Counsel appearing for the parties and perused the material available on record. 7. Considering the facts and circumstances of the case, evidence collected by the prosecution against the applicant, the age of the victim, the nature of offence and the fact that the trial has not commenced, at this stage, without further commenting on merits of the case, I am not inclined to release the applicant on bail. 8. Accordingly, the bail application is Rejected. Sd/- (Sanjay Kumar Jaiswal) Judge Shubham