Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:9002 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 9128
of 2024
• Gopal Gandharv S/o Ganpat Gandharv Aged About 35 Years R/o - Bhatchowra, P.S. Pachpedi, District - Bilaspur, Chhattisgarh. s
... Applicant(s) versus State of Chhattisgarh, Through Station House Officer, Police Thana - Pachpedi, District - Bilaspur, Chhattisgarh.
--- Respondent For Applicant : Mr. Neeraj Choubey, Advocate For Respondent/State : Ms. Laxmin Kashyap, PL. For Objector : Ms. Ruchi Nager, Advocate.
Hon'ble Shri Justice Arvind Kumar Verma
Order on Board 20/02/2025
1. This is first bail application filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhita 2023 for grant of regular bail to applicant, who has been arrested in connection with Crime No.394/2024, registered at PS -- Pachpedi, District - Bilaspur, Chhattisgarh, for commission of offence punishable under Sections 74 of BNS, Section 9(m)/10 of the POCSO Act.
2. Case of prosecution, in brief, is that on 04.11.2024, present applicant has tried to outrage the modesty the minor victim. Based on report, FIR was registered against the applicant and he has been arrested on 04.11.2024 in the aforementioned crime/offence.
3. Learned counsel for the applicant submits that applicant has been falsely implicated in this case, he has not committed any offence as alleged
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against him. Due to previous dispute, mother of victim lodged false report against the applicant. There is no evidence/material available on record to connect the present applicant in the alleged crime/offence. Applicant is in jail since 04.11.2024, conclusion of trial may take some time, hence, applicant may be released on bail.
4. Per contra, learned State Counsel as well as learned counsel for the Objector opposing the submission of counsel for the applicant and would submit that present applicant has tried to outrage the modesty of minor victim (aged about 09 years, 09 months), hence, he is not entitled for grant of bail.
5. Heard learned counsel for the parties.
6. Considering facts of the case, nature of allegations, submission of
learned counsel for the parties, statement of the victim, particularly the submission that present applicant has tried to outrage the modesty of minor victim who is aged about 09 years and 09 months only, I am not inclined to allow this bail application.
7. Accordingly, bail application is hereby rejected. However, trial Court concerned is directed to expedite the trial as early as possible, if there is no any legal impediment. Certified copy as per rules.
Sd/- (Arvind Kumar Verma)
Judge J.