1 CGHC010195492026 2026:CGHC:27952 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4597 of 2026 Omkaar Diwan Alias Khorwa Daddu S/o Chamru Diwan Aged About 22 Years R/o Dokarpali, P.S. Tendukona, District Mahasamund Chhattisgarh ... Applicant versus State Of Chhattisgarh Through Police Station Tendukona, District Mahasamund Chhattisgarh ---- Respondent (Cause title is taken from the CIS) ___________________________________________________________ For Applicant : Mr. Shubhank Tiwari, Advocate For State-Respondent : Ms. Priya Sharma, PL ___________________________________________________________ Hon'ble Shri Justice Radhakishan Agrawal Order on Board 07/07/2026 1. This is the first bail application filed under Section 483 of the BNSS, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No.85/2025, registered at Police Station Tendukona, District- Mahasamund (CG) for the offence punishable under Section 65(2) of BNS and Sections 4 & VASANT KUMAR Digitally signed by VASANT KUMAR Date: 2026.07.07 16:54:17 +0530 2 6 of POCSO Act. 2. As per prosecution case, mother of the victim has lodged the report before the concerned police station stating that when she was returning from the agricultural field, the victim grab her and cried who is 04 years old. She was asked about her routine, then she stated that the applicant has given her chocolate and took her to his house where he has sexually assaulted her. Hence, the FIR was lodged against the applicant. Investigation commenced and after completion of investigation, charge-sheet has been filed and the applicant and he was arrested on 02.08.2025. 3. Learned counsel for the applicant contended that the applicant is an innocent and has been falsely implicated in the said case. He further contended that the victim is a tutored witness and there is no medical evidence in support of the prosecution case and the applicant is in jail since 02.08.2025, and the trial will take considerable time for its conclusion, therefore, the applicant may be released on bail. 4. Learned State Counsel opposes the submission made by learned counsel for the applicant and would submit that at the time of incident, age of the victim was 04 years only and as per the statements of the victim, her mother and other witnesses, the applicant has sexually assaulted the victim. She further submits 3 that as per the medical evidence, there was swelling and redness on the private part of the victim, therefore, the applicant may not be released on bail. 5. Despite service of notice upon mother of the victim, no one appeared on behalf of the victim/complainant. 6. I have heard learned counsel for the parties. 7. Considering the facts and circumstances of the case, material available on record and looking to the nature and gravity of the offence, this Court is not inclined to grant bail to the applicant. 8. Accordingly, the bail application of the applicant stands rejected. 9. Office is directed to send a certified copy of this order to the trial Court concerned for information. Sd/- (Radhakishan Agrawal) Judge Vasant