1 2025:CGHC:61725 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9758 of 2025 • Suraj Nishad S/o Hemkumar Nishad Aged About 23 Years R/o Village Jatri Manjhapara, P.S. Pusour, District Raigarh (C.G.) Present Add. Shahid Chok Ghanshyam Garg Ka Shivnath Pav Bhaji Center P.S. Kotwali, Raigarh (C.G.) ... Applicant. versus • State Of Chhattisgarh Through The Station House Officer, P.S. Mahila Thana, District Raigarh (C.G.). --- Respondent For Applicant : Mr. MK Jaiswal, Advocate For Respondent/State : Ms. Pragya Shrivastav, Dy. GA. Hon'ble Shri Justice Arvind Kumar Verma Order on Board 17/12/2025 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.01/2025, registered at PS -Mahila Thana, Raigarh (C.G.) for commission of offence punishable under Sections 65(2) of BNS and Section 4 of the POCSO Act. 2 2. Case of prosecution, in brief, is that on 19.03.2025, present applicant took the minor victim (aged about 06 years) in the room and tried to commit forceful sexual intercourse with her. Based upon report lodged by mother of victim, FIR was registered and applicant has been arrested in 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 against him. Due previous dispute/enmity, mother of victim lodged false complaint against the applicant. There is no any other criminal antecedent against the applicant. Applicant is in jail since 19.03.2025, conclusion of trial may take some time, hence, applicant may be released on bail. 4. Per contra, learned State Counsel opposing the bail application of the applicant and submits that applicant took the minor victim (below 12 years) in the room and tried to commit forceful sexual intercourse with her. MLC report of victim is positive. Hence, looking to the nature of offence, applicant may not be released on bail. 5. Heard learned counsel for the parties. 6. Pursuant to order of this Court, mother of victim appeared before this Court by virtual mode from the concerned DLSA and raised objection in granting bail to the applicant. 7. Considering facts of the case, nature of allegations, submissions of learned counsel for the parties, particularly the fact that present 3 applicant took the minor victim in the room and, thereafter, tried to commit forceful sexual intercourse with her, further pursuant to order of this Court, mother of victim appeared and raised objection in granting bail to the applicant, I am not inclined to allow this bail application. 8. Accordingly, bail application is hereby rejected/dismissed. Certified copy as per rules. Sd/- (Arvind Kumar Verma) Judge J/-