Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:9487
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 795 of 2025 M.D. Shahjad S/o M.D. Jilanee Aged About 24 Years Resident Of Village- Sanawal, Police Station- Sanawal, District- Balrampur-Ramanujganj (Chhattisgarh) At Present Resident Of Sheetla Mata Road, Room Of Imam, P.S.- Tarbahar, District- Bilaspur (Chhattisgarh) (As Per Final Report)
...Applicant versus State Of Chhattisgarh Through- Station House Officer, Police Station- Panchpedi, District- Bilaspur Chhattisgarh
... Respondent For Applicant : Mr.Rudra Pratap Dubey, Advocate appears along with Mr. Gautam Khetrapal, Advocate through V.C. For Respondent/State :Ms. Sunita Sahu, Panel Lawyer Hon'ble Shri Justice Arvind Kumar Verma
Order on Board 24.02.2025
1. The applicant has preferred this first bail application under Section 483 of the BNSS, 2023 for grant of bail as he has been arrested in connection with Crime No.431 of 2024, registered at Police Station- Panchpedi, District Bilaspur (C.G.) for the offence punishable under Section 74 of BNS, Section 9(f)/10 of POCSO
2 Act and Section 3(b)(i) of SC and ST (Prevention of Atrocities ) Act, 1989.
2.
Brief facts of this case are that, on 02.12.2024 the father of the prosecutrix lodgeed a report at Police Station alleging therein that the prosecutrix is a student of 7th Class in Attmanand School, Pachpedi, where the applicant is a teacher. On 23.11.2024 at about 4:10 PM, the daughter of the complainant returned from school and informed her mother that the applicant has committed some bad touch with her while she was in school. On the basis of the aforesaid facts, the report was lodged against the present applicant.
3.
Learned counsel for the applicant contended that, the applicant is innocent and has been falsely implicated in the instant case. The applicant has neither made any criminal force over the prosecutrix, nor outraged her modesty. The FIR has been lodged with inordinate and unexplained delay of about 10 days from the date of alleged incident. He also contended that as the applicant belongs to Muslim Religion, the local political members are trying to oust the applicant from his contractual services. The applicant iss ready to furnish adequate surety and shall abide all the directions and conditions which may be imposed by this Court while granting bail.
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4. Per contra, learned counsel for the State opposes the bail application submitted by the applicants. ]
5. Father of the victim appeared before the court and vehemently objected the prayer made by the learned counsel for the applicant for suspension of sentence and grant of bail.
6. I have heard learned counsel for the parties, perused the case and other materials available on record.
7. Taking into consideration the facts and circumstances of the case and further considering the nature of offence, particularly to the fact that the victim is a seventh standard girl and the applicant is a teacher of the same school in which the victim girl is studying. He has tried to outrage her modesty and the offence committed by the present applicant is very heinous. Hence, I am not inclined to allow the first bail application of the present applicant.
8. Accordingly, the instant M.Cr.C is disposed of.
9. No order as to cost(s). sd/-
(Arvind Kumar Verma) Judge alfiza