1 2025:CGHC:20532 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3457 of 2025 M.D Shahjad S/o M.D. Jilanee Aged About 24 Years R/o Vill. Sanawal, P.S.- Sanawal, Distt.- Balrampur-Ramanujganj (C.G.), Presently R/o- Sheetla Mata Road, Room Of Imam, P.S. Tarbahar, Distt.- Bilaspur (C.G.) ... Applicant versus State Of Chhattisgarh Through P.S.- Pachpedi, Distt.- Bilaspur (C.G.) ... Respondent For Applicant : Mr. Arya Kumar Singh, Advocate For Respondent/State :Mr. Shailendra Sharma, Panel Lawyer Hon'ble Shri Justice Arvind Kumar Verma Order on Board 05.05.2025 1. The applicant has preferred this Second 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- Pachpedi, district- Bilaspur (C.G.) for the offence punishable under Section 74 of BNS, Section 9(f)/10 of POCSO Act and Section 3(b)(i) of the SC and ST Prevention of Atrocities Act. The first bail application was rejected by this court vide order dated 24.02.2025(Annexure A/03). 2 2. Brief facts of this case is that as per the prosecution story, the applicant is alleged of committing bad touch with prosecutrix on 23.11.2024 which was reported to police station on 01.12.2024 and FIR was registered. 3. Learned counsel for the applicant contended that, the applicant is innocent and he has been falsely implicated in the alleged crime, he has not committed any offence as alleged against him. He also contended that there are lot of material contradictions have arisen upon examination of material witnesses in the case during their examination before the learned trial court. There is a huge delay in reporting such alleged serious crime with no explanation given by complainant which itself indicated the innocence of the applicant. 4. Per contra, learned counsel for the State opposes the bail application submitted by the applicant. 5. I have heard learned counsel for the parties, perused the case and other materials available on record. 6. Taking into consideration the facts and circumstances of the case and further considering the nature of offence, and specially to the fact that there is no substantial change in the facts and circumstances of the case. The age of the victim is approximately 12 years and the applicant is the teacher of the 3 same school in which the victim used to study. Applicant has not only touched her back but has pressed her breast also. Therefore, looking to the peculiar facts and circumstances of the case and the evidence available on record it is crystal clear that the applicant is involved in the crime and there are clinching chain of evidences which proves the same. Therefore, this court is of the considered opinion that this case is not a fit case to allow the bail application of the applicant. 7. Accordingly, the instant miscellaneous criminal appeal stands dismissed. 8. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance forthwith. sd/- (Arvind Kumar Verma) Judge alfiza