1 2025:CGHC:6147 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9130 of 2024 1 - Prakash Bhardwaj S/o Bharatlal Bhardwaj Aged About 40 Years Resident Of Ward No. 13, Akaltara, Police Station Akaltara, District Janjgir-Champa (C.G.) ... Applicant (s) versus 1 - State Of Chhattisgarh Through The Station House Officer, Police Of Police Station Akaltara, District Janjgir-Champa (C.G.) ... Respondent(s) For Applicant (s) : Shri Vivek Singhal, Advocate. For the State : Ms. Laxmeen Lashker, Panel Lawyer. For the Objector : Shri Gaurav Laskar, Advocate appearing on behalf of Shri Pawan Shrivastava, Advocate. Hon’ble Shri Justice Arvind Kumar Verma Order on Board 03/02/2025 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.490/2024 registered at Police Station Akaltara, District- Janjgir-Champa (C.G.) for the offence punishable under Sections 74 & 75(1) of B.N.S. and Section 12 of the NARESH KUMAR KAMDE Digitally signed by NARESH KUMAR KAMDE Date: 2025.02.06 12:49:55 +0530 2 Protection of Children From Sexual Offences Act, 2012. 2. The case of prosecution in brief is that on 15/10/2024 when the prosecutrix along with her friends taking house hold items in her house, at that time on the way, the applicant who was seating in his shop was making obscene languages and also tried to outrage the modesty of the victim, therefore the Police has registered the crime and filed the charge-sheet before the concerned Court. 3. Learned counsel for the applicant submits that he has been falsely implicated in the present case. He further submits that he was trying to pull her towards himself by holding her hand, then she free her hand and ran away from there. He also submits that there is previous enmity of the applicant and father of the victim, therefore, false case has been lodged against him, charge-sheet has been filed, hence, 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, victim is aged below 16 years. She further submits that applicant is habitual offender and year 2014, 2015 and 2016 excise case has been registered against him, therefore, he is not entitled for grant of bail. Learned counsel for the objector has also opposed the grant of bail and support the submission made by the State counsel. 5. Heard learned counsel for the parties. 6. Taking into consideration particularly that charge-sheet has already been filed before the trial Court, applicant is in jail since 16/10/2024 and there is no case is registered from the year 2016 against the 3 applicant, trial will take more time to conclude the trial, without commenting anything on merits, I am inclined to allow bail application of applicant. 7. Accordingly, bail application is allowed. It is directed that applicant Prakash Bhardwaj 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- (I) he shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade his from disclosing such fact to the Court (ii) he shall not act in any manner which will be prejudicial to fair and expeditious trial, and (iii) he shall appear before the trial Court on each and every date given to his by the said Court till disposal of the trial. (iv) he shall not involve himself in any offence of similar nature in future or else this order granting bail to the applicant shall automatically stand cancelled without further reference to the Court. (v) he will be restrained to meet the prosecutrix till disposal of trial. Certified copy as per rules. Sd/-Sd/-Sd/- (Arvind Kumar Verma) JUDGE Kamde