1 2026:CGHC:14037 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1679 of 2026 1 - Domendra @ Domesh Dhruw S/o Pardeshi Ram Dhruw, Aged About 27 Years, R/o Village- Jhiriya P.S. Hathband Dist- Balodabazar-Bhatapara (C.G.). ... Applicant versus 1 - State Of Chhattisgarh Through- Station House Officer, P.S. Hathband District- Balodabazar-Bhatapara (C.G.). ... Respondent For Applicant : Mr. Akash Deep Sharma, Adv. For Respondent/State : Mr. T. Nande, P.L. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order On Board 24/03/2026 1. The applicant has preferred this first bail application under Section 483 of Bhartiya Nagrik Suraksha Sanhita Act, 2023 for grant of regular bail as he is arrested in connection with Crime No. 237/2025, registered at Police Station – Hathband, District- Balodabazar-Bhatapara (C.G.) for offence punishable under Sections 137(2), 127(2), 74, 75, 64, 62 of BNS and Section 8, 12 of POCSO Act. 2. The prosecution’s story, in brief, is that the father of the victim has lodged an FIR against the applicant to the effect that on 03.12.2025, his minor daughter (victim) was playing with an 11-year-old boy namely Lokeshwar Nishad, SOURABH PATEL Digitally signed by SOURABH PATEL Date: 2026.03.24 17:41:26 +0530 2 who was taken by the applicant to the vacant house of Darbari Dhruw and keep the door closed from inside, and the applicant thereafter attempted to commit rape upon the minor her, however, she started crying, so the applicant opened the door and the minor victim escaped from the house. Thereafter, the said incident was narrated by the victim to her mother, who informed her husband (the complainant). Based on the said complaint, an offence was registered against the applicant and after completion of the investigation, a charge sheet was filed. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the crime in question. He further submits that as per the statement of the victim, an offence of rape is not made out against the applicant. He next submits that there is a delay of 01 day in lodging the FIR. The applicant has no criminal antecedents and has been in jail since 04.12.2025. He is ready to furnish adequate security and abide by all the conditions and directions that may be imposed by this Court while granting bail; therefore, the applicant may be released on bail. 4. Per contra, the learned Counsel appearing on behalf of the State opposes the bail application and submits that at the time of the incident, the victim was aged about 4-5 years, and as the trial has not commenced, at this stage, looking to the gravity of the offence, the applicant may not be released on bail. 5. Today, the victim along with her mother appeared virtually through the concerned DLSA and recorded her ‘objection’ in granting bail to the applicant. 6. I have heard learned Counsel appearing for the parties and perused the material available on record. 3 7. Considering the facts and circumstances of the case, the overall evidence collected by the prosecution against the applicant, the gravity of the offence, and considering that the charge has not yet been framed, at this stage, without commenting on the merits of the case, I am not inclined to release the applicant on bail. Accordingly, the bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, is rejected. 8. Office is directed to sent a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Sanjay Kumar Jaiswal) Judge Sourabh P.