1 2026:CGHC:14095 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1478 of 2026 • Shanidas Mahant S/o Santosh Das Mahant Aged About 24 Years R/o Jawaharpara Ward No. 23 Champa, Police Station Champa, District Janjgir Champa, Chhattisgarh ... Applicant(s) versus • State of Chhattisgarh Through Police Station Champa, District Janjgir Champa, Chhattisgarh. ... Respondent(s) (Cause title is taken from Case Information System) For Applicant(s) : Ms. Anubhuti Marhas, Advocate For Respondent(s) : Mr. Shailendra Sharma, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 24.03.2026 1. This is 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. 43/2025 registered at Police Station- Champa, District - Janjgir- Champa (C.G.) for the offence punishable under Section 127, 75, 79 of BNS and Section 12 of POCSO Act. 2. As per the prosecution story, in brief, on 05.02.2025 at about 20:25 hours mother of victim lodged written complaint at Police Station Champa that today I was at home with my two children, daughter VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.03.27 14:39:21 +0530 2 victim 4.5 years and son Rehan Khan aged 09 months. At about 2:30 p.m. in the afternoon of 05.02.2025 itself, her daughter asked to go to the toilet and since they go to the public toilet of the locality, she told her to go and that she is coming. I also went to the toilet after sometime, then she heard the sound of her daughter crying from the first room of the toilet. Then she got the door of room opened, Shanidas Mahanat came out of the room and ran away. Her daughter was crying upon which she asked what happened. She told that she was sitting in the bathroom to use the toilet, at that very moment Shanidas Mahant came and closed the door and took out his penis, held it in his hand, shook it and started saying that he would marry me. I was crying out of fear. After this she took her daughter home. She stated that she wants action against Shanidas Mahant for showing his private parts and gesturing with his hand to do something wrong with my daughter. On the said complaint, First Information Report was registered by the Police of Police Station Champa, District Janjgir Champa. 3. Learned counsel for the applicant submits that applicant is innocent and has falsely implicated in the present case. He also submits that applicant has no previous criminal antecedent and applicant is in jail since 07.02.2025 and there is no evidence to connect the present applicant with the offence. It is further contended that charge sheet has been filed and conclusion of the trial may take some time, therefore, he prays for releasing the applicant on regular bail. 4. On the other hand, learned State counsel opposes the bail application and submits that applicant has no criminal antecedent. He further stated that, according to the complaint lodged by the complainant (the victim's mother), on the day of the incident when she had the 3 room door opened Shanidas Mahant exited the room and fled. Her daughter was crying, whereupon she asked her what had happened. The daughter recounted that she had sat down in the bathroom to use the toilet; at that very moment, Shanidas Mahant entered, closed the door, and while exposing his private parts and making gestures with his hands attempted to molest her (the daughter, who is approximately 4.5 years old). Hence, this bail application is liable to be rejected. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the nature and gravity of the offence and material available on record in the case diary and also looking to the conduct and allegation levelled against the present applicant, which is of serious nature i.e. molesting a minor girl, I am not inclined to grant anticipatory bail to the applicant. 7. Accordingly, instant bail application of the applicant- Shanidas Mahant, involved in Crime No. 43/2025 registered at Police Station- Champa, District - Janjgir-Champa (C.G.) for the offence punishable under Section 127, 75, 79 of BNS and Section 12 of POCSO Act, is rejected. 8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Vaishali