1 2025:CGHC:1829 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8430 of 2024 1 - Prakash Nagesh S/o Late Heeralal Nagesh Aged About 45 Years R/o Indira Colony, Potiya Road, Durg, Tehsil And District - Durg, Chhattisgarh. --- (Particulars Of The Applicant Is Mentioned Correctly) ... Applicant(s) versus 1 - State Of Chhattisgarh Through - Police Station - Padmanabhpur, District - Durg, Chhattisgarh. ... Respondent(s) For Applicant(s) : Shri Anmol Sharma, Advocate. For the State : Ms. Sunita Sahu, Panel Lawyer. Hon’ble Shri Justice Arvind Kumar Verma Order on Board 10/01/2025 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.376/2024 registered at Police Station Padmanabhpur, District Durg (C.G.) for the offence punishable under Section 74, 75, 75(1), (i)(ii)(iv), 78, 79, 351(3) of NARESH KUMAR KAMDE Digitally signed by NARESH KUMAR KAMDE Date: 2025.01.14 11:09:45 +0530 2 B.N.S, 2023 and Section 11(1), 12 of POCSO Act. 2. The case of prosecution in brief is that the victim is residing with her aunt (Chachi) and from past one month when the victim went for natures call and went to Public Toilet in morning the present applicant uses to molest her by commenting and when she is alone, she would hold her hand. And on 08.09.2024 at about 3 P.M. in the noon the present applicant by showing knife threatened her and tried to hold her. Further it is alleged that present applicant used to perform tantric rituals and threatened her by saying that by cutting a Lemon he will kill her entire family. 3. Learned counsel for the applicant submits that he has falsely implicated in the present case, there is no previous criminal antecedent against the present applicant, charge-sheet has already been filed before the trial Court and the applicant is in jail since 16/10/2024, there is no material to show that accused trying to tamper the witness, therefore, 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 victim along with her mother appeared before this Court through video conferencing from the concerned DLSA and raised their objection with regard to grant of bail to the applicant, their objection is taken on record. 6. Heard learned counsel for both the parties. 7. Looking to the nature of offence, charge-sheet has already been filed 3 and trial will take more time for its conclusion, there is no previous criminal antecedent against the applicant, he is in jail since 16/10/2024, therefore, I am inclined to allow bail application of applicant. 8. Accordingly, bail application is allowed. It is directed that applicant Prakash Nagesh 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) He shall not meet victim and her aunt. d) 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/-Sd/- (Arvind Kumar Verma) JUDGE Kamde