1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2531 of 2026 1 - Manoj Kumar Khadiya S/o Uttam Ram Khadiya, Aged About 20 Years R/o Village Jharmuda, P.S. And Tahsil Pusaur, District- Raigarh Chhattisgarh (As Per Chargesheet) ... Applicant versus 1 - State Of Chhattisgarh Through Station House Officer, P.S. Pusaur, District- Raigarh (C.G.) ... Respondent For Applicant : Ms. Aditi Joshi, Advocate For Respondent/State : Ms. Priya Sharma, P.L. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order On Board 30.03.2026 1. The victim and her father appeared before this Court today through virtual mode from the concerned DLSA and objected in granting bail to the applicant. 2. This is the first bail application filed u/s 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No.351/2025 registered at Police Station Pusaur, District- Raigarh (CG) for the BHOLA NATH KHATAI Digitally signed by BHOLA NATH KHATAI Date: 2026.04.01 10:24:37 +0530 2 offence punishable under Sections 74, 75(2), 78(1)(i) of BNS and Section 12 of the POCSO Act. 3. As per the prosecution case, the minor victim lodged a written report at Pusaur Police Station, Raigarh alleging that while going to school along with her friend, the applicant used to follow them and make hand gestures. On 27.12.2025 at about 11.00 am, when she had gone to buy some goods with her friend, near the Shiv temple of the village, the applicant came and asked for her mobile number. When she refused, the applicant caught hold of her hand and started pulling her with the intention of outraging her modesty. when she protested loudly, the applicant ran away. Based on the written report, the applicant was arrested on 02.02.2026. 4. Learned counsel for applicant submits that the applicant is innocent and he has been falsely implicated in this case on account of previous enmity between the families of the victim and the applicant. She submits that the current FIR is a retaliatory counter-case filed in response to an earlier criminal proceeding initiated by the applicant’s family. She specifically submits that the sister of the applicant had previously lodged an FIR against the victim’s family members at Pusaur Police Station. The present case was subsequently filed against the applicant as a direct consequence of that prior legal action, intended solely to harass and pressure the applicant's family. She further submits that the applicant is in jail since 02.02.2026 and and there is no likelihood 3 of the trial to be concluded at the earliest as it has not yet commenced. Therefore, considering all these facts, the applicant may be released on bail. 5. Learned State counsel, on the other hand, opposing the bail application submits that the victim was minor at the time of incident and considering the nature of offence, the applicant does not deserve to be released on bail. 6. Heard learned counsel for the parties and perused the case diary. 7. Taking into consideration the entire facts and circumstances of the case, particularly the nature and gravity of offence and the material collected and available on record against the applicant and the fact that the trial has not commenced, this Court is not inclined to release the applicant on bail at this stage. 8. Accordingly, the present bail application stands rejected. 9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information. Sd/- (Sanjay Kumar Jaiswal) Khatai JUDGE