1 2025:CGHC:2605 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7869 of 2024 1 - Chandra Prasad @ Chengta S/o Devi Prasad Ghasiya Aged About 26 Years R/o Of Garage Dafai Gelhapani Police Station Chirmiri, District- Korea Chhattisgarh. ... Applicant(s) versus 1 - State Of Chhattisgarh Through-- Police Station- Chirmiri, District- Korea Chhattisgarh. ... Respondent(s) For Applicant(s) : Shri Amarnath Pandey, Advocate For the State : Shri Karan Bahrani, Panel Lawyer. Hon’ble Shri Justice Arvind Kumar Verma Order on Board 15/01/2025 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.165/2024 registered at Police Station Chirmiri, District Korea (C.G.) for the offence punishable under Sections 363, 366(A), 376(A), 376(B) of IPC and Sections 6 of the Protection of Children from Sexual Offences Act2012. 2. The case of the prosecution is that on on 10/06/2024 at around 03:30 NARESH KUMAR KAMDE Digitally signed by NARESH KUMAR KAMDE Date: 2025.01.20 11:18:35 +0530 2 P.M. while the minor prosecutrix was playing in front of her house the accused/present applicant took her in the cattle (bakri) room belonging to one Inderpal in the neighborhood, whereby he undressed her inner wears and he was touching the private parts of the minor prosecutrix by his hands, when the grandmother of the prosecutrix reached there and started shouting, the accused/applicant ran away. 3. Learned counsel for the applicant submits that the allegation levelled against the applicant and the 164 statement of the minor does not form a punishable offence under Section 6 of the POCSO Act, applicant is in jail since 11/06/2024, charge-sheet has been filed, he has no previous criminal antecedent against the applicant and trial will take more time, hence he prays for release on bail to the applicant. 4. Learned counsel for the State opposes the submission made by learned counsel for the applicant and submits that the act of applicant is henios with the victim aged 2 years and 9 months at the time of incident. Hence, he is not entitled for grant of bail. 5. Today mother of the victim appeared through video conferencing from the concerned DLSA and raised her objection in granting bail to the applicant. 6. Heard learned counsel for the parties. 7. Looking to the heinous act of the applicant with helpless minor child, aged 2 years and 9 months, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. 8. Accordingly, the bail application of the applicant Chandra Prasad @ Chengta filed under Section 483 of BNSS involved in Crime No.165/2024 registered at Police Station Chirmiri, District Korea (C.G.) 3 for the offence punishable under Sections 363, 366(A), 376(A), 376(B) of IPC and Sections 6 of the Protection of Children from Sexual Offences Act, 2012, is rejected. Sd/- (Arvind Kumar Verma) JUDGE Kamde