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2025:CGHC:14239
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1471 of 2025 1 - Ganesh Ram Chandrakar S/o Late Bhagwani Chandrakar Aged About 53 Years R/o Mauharibhata, Ward No. 28, Mahasamund, District- Mahasamund (C.G.)
... Applicant versus 1 - State of Chhattisgarh Through P.S. Mahasamund, District- Mahasamund (C.G.)
... Respondent For Applicant : Mr. Rajesh Kumar Kesharwani, Advocate For State : Ms. Prabha Sharma, PL
(Hon’ble Shri Justice Arvind Kumar Verma)
Order on Board 25/03/2025
1. This is the first bail application filed under Section 483 of the Bhartiya Nagrik Shuraksha Sanhita for grant of regular bail to the applicant who has been arrested on 09/01/2025 in connection with Crime No.10/2025, registered at Police Station- Mahasamund, District Mahasamund, C.G. for the offence punishable under Section 74 of the Bhartiya Nyay Sanhita, 2024 and Section 10 of the POCSO Act. ASHUTOSH MISHRA Digitally signed by ASHUTOSH MISHRA Date: 2025.03.26 10:43:59 +0530
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2. The case of the prosecution in brief is that the prosecutrix made an allegation against the applicant that the applicant, who is the Maths Teacher in Government Middle School, Chingraud, on 08/01/2025 when the prosecutrix went to the School on that day at around 11.30 AM, the applicant after consuming liquor with bad intentions touched her inappropriately on the different body parts of the prosecutrix, which was seen by the other classmates. Thereafter, on the basis of the report of the victim, the applicant was arrested.
3.
Learned counsel for the applicant submits that the applicant has been falsely implicated on the basis of the conspiracy hatched by the other staff members. He would next contend that the applicant has also submitted an application on 15/09/2023 before the Block Education Officer, Mahasamund to discharge him from the responsibility of Head Master on the ground that the other staff members are creating nuisance in the school premises. He would lastly contend that there is no previous antecedent against the applicant, charge-sheet has been filed, the applicant is in jail since 09/01/2025 and trial is likely to take some time, therefore, it is prayed that the applicant may be released on bail.
4. Per contra, learned counsel appearing on behalf of the State opposes the bail application submitted by the applicant.
5. Notice issued to the victim has been duly served, however, no one appeared on behalf of the victim. In such circumstances, Ms. Pragati
3 / 3 Pandey, Advocate, who is present in the Court is appointed as amicus curiae to assist the Court on behalf of the victim.
6. After going through the documents, Ms. Pragati Pandey, Advocate appointed as amicus curiae, opposes the prayer for grant of bail for the applicant.
7. I have heard learned counsel for both the parties, perused the case diary and other materials available on record.
8. Taking into consideration the facts and circumstances of the case and particularly considering the fact that the applicant is a Teacher and he has gone to the School after consuming liquor and with bad intentions touched the complainant on her body parts which was also seen by the other persons also, therefore, considering the seriousness of the offence, I am not inclined to release the applicant on bail.
9. Accordingly, the bail application is rejected. However, learned trial Court is directed to conclude the trial expeditiously. SD/- (Arvind Kumar Verma)
JUDGE ashu