1 2025:CGHC:2028 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 45 of 2025 Kush Kumar Soni S/o Rajkumar Soni Aged About 20 Years R/o Ward No. 8, Pandariya, P.S. Pandariya Dist. -Kabirdham (C.G.) ... Applicant versus State Of Chhattisgarh Through Station House OfÏcers, P.S. Pandariya Dist. -Kabirdham (C.G.) ---- Non-Applicant For Applicant : Ms. Jaya Gupta, Advocate (through V.C.) For Non-Applicant/State : Mr. Hariom Rai, Panel Lawyer. Hon'ble Shri Ramesh Sinha, Chief Justice Order On Board 13.01.2025 1. The applicant has preferred this Second anticipatory bail application under Section 482 of BNSS for grant of anticipatory bail, apprehending his arrest in connection with Crime No. 283/2024, registered at Police Station – Pandariya, District – Kabirdham (C.G.) for alleged commission of offence punishable under Section 354, 354(d) of IPC and Section 8. of the POCSO. KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 2. The earlier first anticipatory bail application of the applicant has already been rejected by this Court in MCRCA No. 1275/2024, vide order dated 22.11.2024 on merits. Hence, this second anticipatory bail application. 3. As per the case of the prosecution, in brief is that, during the audit of the school, on 14.07.2024, the complainant victim lodged a report against the applicant and other juveniles before the P.S. Pandariya with the effect that her girl victim was upset for some days. When they asked her what happened, why she was sad, the victim told that for about 6 months, the applicant and other two juveniles in conflict with law found her alone at about 6.00 pm in Pandariya near Rajmahal chowk while returning from tuitions, they teased her and one juvenile in conflict with law said that if she does not love him, then he will viral the video and photo sent by the other juvenile and used to threaten her by saying this and used to stalked her, on the basis of this FIR have registered No. 283/2024 at P.S. Pandriya, Kabirdham for alleged offence punishable under Sections 354, 354 (d) of Indian Penal Code and Section 8 of POCSO Act against the accused. 4. Learned counsel appearing for the applicant submits that the first anticipatory bail application has been rejected by this Court on merits and the new ground for filing of the second bail application is that the applicant has been falsely implicated in this offence. The Section under which the report has been filed was not in force on the day complaint was filed. She further submits that the accused and victim are young students who study together and they all 3 known to each other. She also submits that the co-accused of this case has already been released on bail by the Juvenile Court. Accordingly, she prays for grant of anticipatory bail to the applicant. 5. On the other hand, learned State counsel opposed the prayer for grant of anticipatory bail to the applicant and submits that the first anticipatory bail application of the applicant has already been rejected by this Court in MCRCA No. 1275/2024, vide order dated 22.11.2024 on merits and there is a serious allegation levelled against the applicant who tried to ask for sexual favour from her and she refused, thereafter, she was threatened for sending obscene video etc. Hence, this second anticipatory bail application of the applicant is liable to be rejected. 6. I have heard learned counsel for the parties and perused the impugned order passed by the trial Court. 7. Considering the facts & circumstances of the case, submissions of learned counsel for the parties, further considering the fact that the first anticipatory bail application of the applicant has already been rejected by this Court in MCRCA No. 1275/2024, vide order dated 22.11.2024 on merits and there appears to be no new ground has been raised in this second anticipatory bail application and further from perusal of the statement of the victim recorded under Section 183 of Cr.P.C. there appears to be serious allegation levelled against the applicant that the applicant who has tried to ask for sexual favour from her and she refused, thereafter, she was threatened for sending obscene video etc, at this stage, this Court is 4 of the view that it is not a fit case to release the applicant on anticipatory bail. 8. Accordingly, the anticipatory bail application of the applicant – Kush Kumar Soni, filed under Section 482 of BNSS, involved in Crime No. 283/2024, registered at Police Station – Pandariya, District – Kabirdham (C.G.) for alleged commission of offence punishable under Section 354, 354(d) of IPC and Section 8 of the POCSO, is rejected. Sd/- (Ramesh Sinha) Chief Justice Kunal