1 2025:CGHC:5909 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 482 of 2025 1 - Prashant Tandi S/o Shri Jagannath Tandi Aged About 20 Years R/o Near Jagannath Nagar Drainage, Besides Old Church, Police Station Civil Lines, Raipur, District Raipur (C.G.) ... Applicant(s) versus 1 - State Of Chhattisgarh Through- The Station House Officer, Police Station Civil Lines, Raipur, District Raipur (C.G.) ... Respondent(s) For Applicant (s) : Shri Pushpendra Kumar Patel, Advocate. For the State : Ms. Pushpalata Khalkho, Panel Lawyer. Honn’ble Shri Justice Arvind Kumar Verma Order on Board 31/01/2025 1. The applicant has preferred first bail application under Section 483 of Bhartiya Nagrik Suraksha Sanhita for grant of regular bail as he has been arrested in connection with Crime No.277/2024 registered at Police Station Civil Lines, Raipur, District Raipur (C.G.) for the offence punishable under Sections 452, 354 d (iv), 506 of IPC (Section 333 & 75 of the BNS Act,2023) and under Section 8 & 12 of the POCSO Act, NARESH KUMAR KAMDE Digitally signed by NARESH KUMAR KAMDE Date: 2025.02.04 10:49:44 +0530 2 2012. 2. The case of prosecution in brief is that mother of the prosecutrix had filed written report in Police Station Civil Lines, Raipur on 29.04.2024, alleging therein that on 29.04.2024 at about 10.30 O'clock, the applicant with intent to outrage the modesty of her minor daughter caught hold her hand. Thereafter prosecutrix after getting her hand free go inside her room but the applicant chassed her and entered into the room. After returning by the parent, accused fled away. Based on the written report, the Police Station Civil Lines, had registered the Crime No. 277/2024 against the Applicant for the offence punishable Under Sections 452, 354 क (iv), 506 of Indian Penal Code, 1860 (Section 333 & 75 of the BNS Act, 2023) and Under Section 8 & 12 of the Protection of Children from the Sexual Offences Act, 2012. 3. Learned counsel for the applicant submits that he has falsely implicated in the present case and he has not committed any offence, the material collected by the prosecution, no offence is made out against the applicant, no previous antecedent against the applicant and he is in jail since 30/09/2024 hence, he may be released on bail. 4. Learned counsel for the State opposes the submission made by learned counsel for the applicant and submits that offence committed by applicant is of grievous nature. Hence, he is not entitled for grant of bail. 5. Today, mother of the prosecutrix has appeared before this Court through video conferencing from the concerned DLSA and stated that she has no objection with regard to grant of bail to the applicant. Her statement is taken on record. 3 6. Heard learned counsel for the parties. 7. Looking to the facts and circumstances of the case and from perusal of the record I have found that the applicant with intent to outrage the modesty of minor girl caught hold her hand and prosecutrix after getting her hand free go inside her room, but the applicant chased her and entered into the room, charge-sheet has already been filed, applicant is in jail since 30/09/2024, prosecution has not shown any previous antecedent of the applicant and the applicant is not tampering the witnesses, trial will take more time to conclude the trial, therefore, I am inclined to allow bail application of applicant. 8. Accordingly, bail application is allowed. It is directed that applicant Prashant Tandi shall be released on regular bail, on his furnishing bail bond in sum of Rs.10,000/- with one surety in the like sum to the satisfaction of the Court on the conditions that- a) He shall appear before the Trial Court regularly on each and every date, unless exempted from appearance. b) He shall not, in any manner, tamper with the prosecution witnesses. c) If he is found involved in similar offence in the future, it will be open for the State to apply for cancellation of Bail. Certified copy as per rules. Sd/- (Arvind Kumar Verma) JUDGE Kamde