1 2026:CGHC:19448 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3380 of 2026 Shankar Bareth S/o Late Dinesh Bareth Aged About 26 Years R/o Baikunthpur, Ram Mandir Gali, Raigarh, Police Station- Kotwali, District- Raigarh (C.G.) ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station- Kotwali, District- Raigarh (C.G.) ... Non-applicant. For Applicant : Shri Ashish Gupta, Advocate. For Non-applicant/State : Shri Amit Verma, P.L. (HON’BLE SHRI JUSTICE RADHAKISHAN AGRAWAL) Order on Board 27/04/2026 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 589/2025 registered at Police Station – Kotwali, District Raigarh (C.G.), for the offence punishable under Sections 74, 75(2), 75 (3) of B.N.S. 2023 and Sections 8, 12 of the Protection of Children from Sexual Offences Act, 2012. 2. As per the prosecution’s case, on 10.11.2025 at around 5.30 am, when the prosecutrix along with her cousin sister went near a Pond for gymnastic purpose, then the applicant came and caught hold of her Digitally signed by ALLENA ANJANI KUMAR Date: 2026.04.28 14:29:13 +0530 2 hand and her sister with intention to outrage their modesty. On 13.11.2025 at around 5.00 pm, while the prosecutrix and her cousin sister were returning from school, at that time also, the applicant again misbehaved with the prosecutrix and her sister with ill-intention. Based on this, the offence under the aforesaid sections has been registered against him. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He further submits that the applicant has not committed any offence and the report was lodged by the victim after delay of 4 days and the applicant is in jail since 06.03.2026 and that, charge sheet has been filed. He also submits that trial is going on and it may take some time to conclude. On these premises, he prays for the grant of regular bail to the applicant. 4. On the other hand, learned counsel for the State opposes the submissions of the learned counsel for the applicant and submits that against the accused/applicant 4 more criminal cases have been registered previously and he is a habitual offeder and that, the manner in which, the applicant was talking obscenely with the prosecutrix with ill-intention, which is reprehensible, therefore, the applicant does not deserve regular bail. 5. The Victim and her uncle are present through V.C. provided by the concerned DLSA and has raised objection. 6. I have heard learned counsel appearing 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 the offence and taking into 3 account that the trial is going on, at this stage, I am not inclined to release the applicant on bail. 8. Accordingly, the application filed under Section 483 of B.N.S.S. is rejected. 9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Radhakishan Agrawal) JUDGE Anjani