1 2025:CGHC:55957 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8169 of 2025 1 - Sagar Sahu S/o Ramkumar Sahu Aged About 25 Years R/o Kirodimal Nagar, Raigarh, Tahsil And Distt.- Raigarh (C.G.) ... Applicant(s) versus 1 - State Of Chhattisgarh Through Sho, Police Station- Kotraroad, (Wrongly Mentioned As Kotroroad) Distt.- Raigarh (C.G.) ... Respondent(s) For Applicant (s) : Shri Vaibhav Goverdhan,Advocate For Respondent/State : Ms. Priya Sharma, PL (Hon’ble Shri Justice Arvind Kumar Verma) Order on Board 17/11/2025 The applicant has filed this bail application under Section 483 of the BNSS for grant of regular bail as he is in custody in connection with Crime No. 361/2025 registered at police station Kotra Road, District Raigarh (CG) for the offence punishable under Sections 74 and 351 (2) 2 of BNS and Section 8 of the POCSO Act. 2. According to the case of prosecution, the prosecutirx aged about 17 years and 14 days, lodged a written report alleging that the applicant used to tease her and often attempted to talk to her, which she avoided. It is further alleged that since the applicant had threatened to harm himself by cutting his hand, she was compelled to talk to him. It is further case of prosecution that on 26.08.2025, at about 6.00n pm, while the prosecutrix was on her way to her coaching class and had reached near Balaji Milk Parlor, applicant met there, took her inside the Cafe and allegedly caught hold of her breasts and asked as to why she was avoiding him. At that time, her brother came in search of her, found both of them in the cafe and she narrated about the incident to her brother. On the basis of the said report, the applicant was arrested. 4. Counsel for the applicant submits that the applicant is innocent and there is no material evidence against him to connect with the alleged offence. He submits that they were having love affair and were merely sitting together in the cafe however, on being seen by the brother of the proseuctrix, the applicant was assaulted and thereafter report was lodged. He submits that the inconsistency itself shows that the story put forth by the prosecution is an afterthought to implicate the applicant. He submits that the applicant is in jail since 27.08.2025, the charge sheet has been filed and the trial is likely to take some time, he is ready and willing to comply with any of the conditions which may be 3 imposed upon him and thus, it is submitted that the application be allowed and the applicant be released on bail. 5. Learned counsel for the respondent/State, on the other hand, has opposed the bail application and submits that there was one criminal antecedent against the applicant. 6. Father of the victim appeared through the concerned DLSA and has raised objection stating that the applicant is threatening the victim. 7. Heard counsel for the parties and perused the record. 8. On due consideration of the rival submissions and the fact that the applicant is in jail since 27.08.2025, the charge sheet has been filed and and the final disposal of the trial is likely to take sufficiently long time, the present application deserves to be allowed. Accordingly, his bail application is allowed. 9. It is directed that in the event of applicant executing a personal bond for a sum of Rs. 10,000/- with one surety to the satisfaction of the concerned trial court, he shall be released on bail on the following conditions: i) He shall appear before the trial court regularly on each and every date, unless exempted from appearance. ii) He shall not make any attempt to tamper with the prosecution witnesses. Iii) the applicant is directed not to communicate/contact in any manner with the prosecutrix, her family members and the SUGUNA DUBEY Digitally signed by SUGUNA DUBEY Date: 2025.11.19 10:53:13 +0530 4 witnesses cited in the charge sheet any other person concerned or attempt to ask for any favour in the trial directly or indirectly. (iv) Till three (03) months, the applicant shall appear before the police station Kotra Road, Raigarh on every Sunday at about 10-12.00 pm. Sd/- (Arvind Kumar Verma) Judge suguna