1 2025:CGHC:550 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9106 of 2024 1 - Horilal S/o Guharam Rai Aged About 56 Years R/o Village Jalson, Police Station Pachpedi, District-Bilaspur, Chhattisgarh. ... Applicant Versus 1 - State Of Chhattisgarh Through The Station House Officer, Police Station Komakhan, District- Mahasamund, Chhattisgarh. ... Non-Applicant For Applicant : Mr. B.P. Banjare, Advocate For Non-Applicant : Mr. Santosh Soni, Government Advocate SB: Hon'ble Shri Parth Prateem Sahu, Judge ORDER ON BOARD 06/01/2025 1. This is the third bail application. The second bail application was dismissed as withdrawn vide order dated 08.07.2024 in M.Cr.C No. 3587/2024 with liberty to repeat the prayer after examination of the victim. 2. This bail application is 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. 32/2024 registered at Police Station – Komakhan, District – Mahasamund, Chhattisgarh for the offences punishable under Sections 354 of the Indian Penal Code, 1860 and under Sections 8 of the Protection of Children from Sexual Offences (POCSO) Act, 2012. SHUBHAM DEY Digitally signed by SHUBHAM DEY 2 3. Case of the prosecution is that, father of the victim lodged a report in the concerned police station on 22.02.2024 alleging that on 21.02.2024 at about 08:30 P.M. when his daughter went to put lock on the shutter of the shop, at that relevant point of time, applicant caught hold of the victim with her neck, took her to the nearby lonely place and have outraged her modesty. The victim somehow managed to escape from the spot and intimated the incident to her mother and thereafter, report was lodged and the applicant was arrested on 22.02.2024. 4. 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 applicant is in jail since 22.02.2024. Trial may take sometime, hence, he may be enlarged on bail. 5. On the other hand, learned State counsel opposes the submission made by learned counsel for the applicant and would submit that there are serious allegations against the applicant in the statement of the victim recorded under Section 161 and 164 of the Cr.P.C. of outraging the modesty of the victim, who was about 12 years of age at the time of incident. 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, documents enclosed along with the bail application, I do not find present to be a fit case to allow the application for grant of bail. 8. Accordingly, the bail application for grant of bail is dismissed at the admission stage. Certified copy as per rules. Sd/- (Parth Prateem Sahu) Judge Dey