1 2025:CGHC:46949 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6819 of 2025 1 - Ramesh Sonwani S/o Bharoshi Lal Sonwani Aged About 40 Years R/o Village Choti Koni, Ward No. 11, Police Station - Koni, District - Bilaspur Chhattisgarh ... Applicant Versus 1 - State Of Chhattisgarh Through Station House Officer, Police Station - Koni, District - Bilaspur Chhattisgarh ... Non-Applicant For Applicant : Mr. Dharmesh Shrivastava, Advocate For Non-Applicant : Mr. Vivek Sharma, Panel Lawyer SB: Hon'ble Shri Parth Prateem Sahu, Judge ORDER ON BOARD 12/09/2025 1. This is the first bail application filed by the applicant under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 327/2025 registered at Police Station - Koni, District – Bilaspur, Chhattisgarh for the offences punishable under Sections 74, 296, 115 (2), 351 (2), 331 (4) of Bharatiya Nyaya Sanhita, 2023 and under Sections 08 of the Protection of Children from Sexual Offences (POCSO) Act, 2012. 2. Case of prosecution is that, on 22.07.2025, when the complainant went to his house at that time, his daughter came out of her house screaming and stated to her father (complainant) that the applicant with keeping bad eyes upon her is making an attempt to outrage her modesty and have SHUBHAM DEY Digitally signed by SHUBHAM DEY 2 touched her cheek and pressed her breast. After that, the applicant also came out from the house of the complaiant and thereafter, as per allegation, the applicant also abused and assaulted the complainant. The incident was reported to the concerned police station based upon which, aforementioned crime was reigstered and the applicant was arrested. 3. Learned counsel for the applicant submit that applicant is innocent, he has been falsely implicated in the instant crime, he has not committed any offence as alleged. He submits that the father of victim have earlier quarreled with the applicant and against which, wife of the applicant has lodged a report before the office of the Superintendent of Police, Bilaspur stating that the father of the victim has abused her and her family members and also threatened to implicate them in false case. Therefore, prima facie, the allegation leveled against the applicant is absolutely false and baseless. 4. On the other hand, learned State counsel vehemently opposes the submission made by learned counsel for the applicant and would submit that the statement of victim is recorded under Section 180 and 183 of the BNSS, 2023 who have leveled the allegations as mentioned in the F.I.R. she was less than 15 years of age on the date of incident. He also submits that as per statement of independent witness, they have also supported the allegations leveled against the applicant by the complainant in the F.I.R. 5. Pursuant to the notice issued by this Court, victim along with her father appeared before this Court in person and raised objection in grant of bail to the applicant. 6. I have heard learned counsel for the respective parties. 7. Taking into consideration, facts and circumstances of the case, nature of allegations, submission of learned counsel for the respective parties, age 3 of the victim, material available in the charge-sheet, I do not find present to be a fit case to allow the application for grant of bail. 8. Accordingly, the application for grant of bail is dismissed. Certified copy as per rules. Sd/- (Parth Prateem Sahu) Judge Dey