1 2025:CGHC:55960 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8101 of 2025 1 - Ganesh Ram Chandrakar S/o Late Bhagwani Chandrakar Aged About 56 Years R/o Mauharibhata, Ward No. 28, Mahasamund, Distt. Mahasamund, Chhattisgarh. ... Applicant(s) versus 1 - State Of Chhattisgarh Through P.S. Mahasamund, Distt. Mahasamund, Chhattisgarh. ... Respondent(s) For Applicant(s) : Shri Shubhank Tiwari, Advocate For Respondent/State : Ms.Nupur Trivedi, PL (Hon’ble Shri Justice Arvind Kumar Verma) Order on Board 17/11/2025 The applicant has filed this second bail application under Section 483 of the Bhartiya Nagrrik Suraksha Sanhita for grant of regular bail as he is in custody in connection with Crime No. 10/2025 registered at 2 police station Mahasamund, District Mahasamund (CG) for the offence punishable under Sections 74 of the BNS and Section 10 of the POCSO Act, 2012. The earlier bail application filed on behalf of the applicant was rejected on merits vide order dated 25.03.2025 in M.Cr.C. No. 1471 of 2025. 2. As per prosecution case, the applicant a teacher of Mathematics in Government Middle School Chingraud stands accused of sexually inappropriate conduct against the victim, a student in his class. On 8.01.2025, while teaching in the classroom, the victim raised doubts regarding the lesson. The applicant, with an apparent motive of ill intention, touched the victim in an appropriate manner. The incident was seen by her classmates. It is further alleged that the applicant often take classes in an intoxicated stage. Based on the above, FIR was lodged against the applicant 3. Counsel for the applicant submits that the applicant has been falsely implicated in the case. He submits that none of the witnesses have supported the prosecution case. He further submits that due to some favoritism to post someone in his place, he has been implicated. He submits that the applicant is in jail since 09.01.2025, 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 3 which may be 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. 6. Victim appeared through concerned DLSA and have raised objection. 7. Heard counsel for the parties and perused the record. 8. On due consideration of the rival submissions and the fact that ten witnesses have been examined and as per prosecution case, the witnesses PW-4,5 & 8 have not supported the prosecution case and looking to the substantial change in the circumstances and the fact that the applicant is in jail since 09.01.2025, the charge sheet has been filed 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. 4 Iii) the applicant is directed not to communicate/contact in any manner with the prosecutrix, her family members and the witnesses cited in the charge sheet any other person concerned or attempt to ask for any favour in the trial directly or indirectly. Sd/- (Arvind Kumar Verma) Judge SUGUNA DUBEY Digitally signed by SUGUNA DUBEY Date: 2025.11.19 11:12:31 +0530