2025:CGHC:52288 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7666 of 2025 Pawan Dhruv @ Golu S/o Manharan Dhruv Aged About 24 Years R/o Village Nagpura, P.S. Sargaon District Mungeli (Chhattisgarh) ... Applicant (s) versus State Of Chhattisgarh Through P.S. Sargaon Distt.- Mungeli (Chhattisgarh) ... Respondent (Cause title is taken from the CIS) ------------------------------------------------------------------------------------------------------------------ For Applicant : Shri FS Khare, Advocate For Respondent/State : Ms Pragya Shrivastava, Dy GA ------------------------------------------------------------------------------------------------------------------ Hon'ble Shri Justice Ravindra Kumar Agrawal Order on Board 27.10.2025 1. Pursuant to order dated 23.09.2025, victim, and her parents appeared in person, and raised objection in granting bail to the applicant. Their objection has been taken on record. 2. Heard on the application filed under Section 483 of the Bharatiya Nagrik Suraksha Sanhita (BNSS, 2023). This is the first bail application before this Court filed by the applicant for grant of regular bail. 3. Applicant has been arrested on 06.06.2025 in connection with Crime No.60 of 2025, registered at PS- Sargaon, District-Mungeli, Chhattisgarh for the offence punishable under Sections 74, 351(2), 333, 3(5) of the BNS 2023, and Section 12 of the POCSO Act, 2012. Digitally signed by V PADMAVATHI Date: 2025.10.29 10:55:01 +0530 Mcrc 7666 of 2025 2 4. Case of the prosecution, in brief, is that victim lodged a written complaint on 05.06.2025 against the present applicant that he, along with other accused persons entered into her house, and outraged her modesty. When she and her grandmother protested the accused persons, they gave threatening with dire consequences, and by the time people in the vicinity came there, they fled away. On the basis of written complaint made by the victim herself, offence under Sections 74, 351(2), 333, 3(5) of the BNS 2023, and Section 12 of the POCSO Act, 2012 has been registered against accused persons, including the present applicant. After investigation, charge-sheet has been filed. 5. Learned counsel for the applicant would submit that the main grievance of the victim was with other accused person, Bhagwat Singh @ Sonu. There was dispute arose between Bhagwat Singh @ Sonu, and father of the victim on the issue of firing crackers in front of the house of the victim, there is no incident of outraging modesty committed by the present applicant, but presence of present applicant might have been there. Applicant is tender aged person of 24 years, who is in jail since 02.08.2025. Final adjudication of the case will take its own time. Hence, the applicant may be granted bail. 6. On the other hand, learned State counsel opposes the bail application, and would submit that on the date of incident, all the accused persons entered into the house of the victim, outraged her modesty, and when they objected, they threatened them. Named FIR has been lodged by the complainant/victim against the applicant. There is criminal antecedent of Crime No.174 of 2024 registered against the applicant at PS-Sargaon, for the offence under Section 296, 115, 351, 191(2) and(3) of the BNS 2023, therefore, he is not entitled for release on bail. Mcrc 7666 of 2025 3 7. Heard learned counsel for the parties, and perused the case diary. 8. Considering the submissions made by learned counsel for the parties, nature of allegation, and the material collected by the prosecution during investigation, further considering the statement of the victim, and the manner in which the alleged offence is said to have been committed by the present applicant along with other accused persons, further, the applicant is having past criminal antecedent, I am not inclined to release the applicant on regular bail. 9. Accordingly, bail application is rejected. Certified copy as per rules. Sd/- (Ravindra Kumar Agrawal) JUDGE padma