1 CGHC010358232026 2026:CGHC:40977 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8778 of 2026 1 - Devendra Kumar Bhola S/o Antdas Mongre Aged About 31 Years R/o Near Mahakaleshwar Temple, Metal Park, Birgaon Police Station Urla, District- Raipur (C.G.) ... Applicant versus 1 - State Of Chhattisgarh Through- Police Station Urla, District - Raipur (C.G.) ... Non-applicant For Applicant : Mr. Pragalbha Sharma, Advocate For Non-applicant /State : Ms. Laxmeen Kashyap, Panel Lawyer Hon’ble Shri Justice Rakesh Mohan Pandey Order on Board 21/09/2026 1. The applicant has preferred this Third Bail Application under Section 483 of the BNSS, 2023 for grant of regular bail, as he has been 2 arrested in connection with Crime No 137/2025, registered at Police Station Urla, District - Raipur (C.G.) for the offence punishable under Sections 74 and 76 of the BNS and Section 12 of the POCSO Act. 2. Case of the prosecution, in brief, on 02/07/2025, at about 7 PM, the complainant’s six year old daughter was playing outside the house and allegedly returned crying and stated that the applicant had removed her pants and laid her near the gate with the intention to outrage her modesty. It is further alleged that the incident was witnessed by neighbour Kunal Kosle who slapped the applicant. On the basis of the above information, the applicant was implicated in the present case. Hence, this bail application. 3. It transpires from the record that first bail application filed by the applicant was rejected on merits vide order dated 06/11/2025 passed by this Court in MCRC No. 7131/2025 while the second bail application was dismissed as withdrawn on 03/02/2026. Hence, the applicant has preferred this third bail application. 4. Learned counsel for the applicant submits that this third bail application is on the ground that the alleged eye-witnesses and other independent witness have turned hostile. Further, the Patwari (PW-1) has also admitted that spot map was prepared at the instance of the Police and despite 23 - 24 dates of hearing, the victim and complainant have not appeared for evidence. Learned counsel further submits that the applicant has no criminal antecedents, has remained in judicial custody since 04/07/2025. Hence, looking to the period of 3 detention, he prays for grant of bail to the applicant. 5. On the other hand, Learned counsel appearing for the State/non- applicant opposes the prayer for grant of bail and submits that the first bail application of the applicant was rejected on merit while the second bail application was dismissed as withdrawn and looking to the serious nature of allegation relating to POCSO Act involving a six year old child victim, the present bail application is liable to be rejected. 6. I have heard learned counsel appearing for the parties and perused the case diary as well as the material available on record. 7. Considering the facts and circumstances of the case, particularly the fact that the first bail application of the applicant was rejected by this Court on merits and the second bail application was dismissed as withdrawn and this third bail application has been preferred on the ground of delay in trial, however, considering the age of the victim as well as the nature and gravity of the alleged offence and further the fact that there is no change in circumstances and no new ground has been raised in the bail application, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. 8. Accordingly, the bail application of the applicant – Devendra Kumar Bhola involved in Crime No 137/2025, registered at Police Station Urla, District - Raipur (C.G.) for the offence punishable under Sections 74 and 76 of the BNS and Section 12 of the POCSO Act, is hereby rejected. 4 9. Needless to say that the trial Court shall conclude the trial as expeditiously as possible. Sd/- Rakesh Mohan Pandey JUDGE Harneet