1 2025:CGHC:48673 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7142 of 2025 1 - Birsingh Mandavi S/o Sukhman Mandavi, Aged About 31 Years, R/o Village Devgaon, Nayapara, Police Station Makdi, District : Kondagaon, Chhattisgarh ... Applicant versus 1 - State of Chhattisgarh Through The Station House Officer, Police Station Makdi, District : Kondagaon, Chhattisgarh ... Non-applicant (Cause-title taken from Case Information System) For Applicant : Mr. Manohar Dewangan, Advocate. For State/Non-applicant : Mr. Karan Kumar Baharani, Panel Lawyer. Hon'ble Shri Justice Ravindra Kumar Agrawal, J. Order on Board 22-09-2025 1. Pursuant to the order dated 08-09-2025 the victim along with her mother appeared through virtual mode from DLSA, Kondagaon and raised objection in granting bail to the applicant. Their objection is taken on record. 2. Heard on the application filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 (in short ‘B.N.S.S.’). This is first bail application before this Court filed by the applicant for grant of regular bail. The applicant has been arrested on 10-06-2025 in connection with Crime No.19/2025 registered at P.S. -Makdi, District - Kondagaon (C.G.) for the offence under Section 74, 351(3), 75(1)(i) & 76 of Bhartiya Nyay Sanhita, 2023 (in short ‘B.N.S.”) and Section 8 of Protection of Children from Sexual Offences Act (in short ‘POCSO Act’). 3. The case of the prosecution is that, on 09-06-2025 the victim lodged a report Digitally signed by MOHAMMED AADIL KHAN Date: 2025.09.22 19:18:44 +0530 2 against the applicant that on 08-06-2025 when she had gone to collect mahua seeds in the field the applicant came there and tried to outrage her modesty. She called her sister who was also collecting mahua seeds in the nearby place and then the applicant fled away from the place. On the next day she lodged the report. The police registered the offence under Section 74, 351(3) of B.N.S. and Section 8 of POCSO Act. The applicant has been arrested on 10-06-2025 and after investigation charge sheet has been filed adding Section 75(1)(i) & 76 of B.N.S. 4. Learned counsel for the applicant would submit that the applicant is innocent and he has been falsely implicated in the offence. There was some property dispute between the applicant’s family and the family of the complainant/victim. It would not be possible for the applicant that he could try to outrage the modesty of the victim in broad day light that too in presence of the sister and other family members of the victim who were working in the nearby place. The applicant is in jail since 10-06-2025 and final adjudication of the case will take its own time. Therefore, the applicant may be enlarged on bail. 5. Learned counsel for the State opposes the bail application. 6. Considering the submissions made by the learned counsel for the parties, considering the nature of allegation and the material collected during the investigation, further considering the age of the victim and the manner in which the alleged incident is said to have been committed, without commenting anything on merits of the case I am inclined to release the applicant on bail. 7. Consequently, the present application filed by the applicant for grant of regular bail is hereby allowed. It is directed that the applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court, on the following conditions :- 3 (i) he shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court ; (ii) he shall not act, in any manner, which will be prejudicial to fair and expeditious trial; and (iii) he shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial unless his personal presence is exempted by the trial Court. Sd/- (Ravindra Kumar Agrawal) Judge Aadil