1 2026:CGHC:17436 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3099 of 2026 Rajesh Prafulla Kumar Aurthur (Wrongly Written As Author) S/o C.A.K. Aurthur Aged About 68 Years R/o Ward No. 16, Suman Niketan Road, Village Sarbahara, P.S. Gurella, District G.P.M., C.G.(Name of Applicant Wrongly Mention In Impugned Order) … Applicant versus State Of Chhattisgarh Through Police Station House, Gourella District Gourella- Pendra- Marwahi, Chhattisgarh.. ... Respondent (Cause-title is taken from CIS) For Applicant : Mr. Vijay Shankar Mishra, Advocate For Respondent/State : Ms. Priya Sharma, Panel Lawyer Hon'ble Shri Justice Sanjay Kumar Jaiswal Order on Board 16.04.2026 1. This is First Bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant, who has been arrested in connection with Crime 2 No.98/2026 registered at Police Station -Gourella District Gourella- Pendra- Marwahi, Chhattisgarh for the offence under Section 74 of BNS, 2023 and Section 8 of the POCSO Act, 2012. 2. As per prosecution case, on 05.03.2026 at about 05.00 PM, when the minor victim (aged about 11-12 years) was playing in courtyard, this applicant called her and tried to outraged her modesty by touching her private part with bad intention, thereafter, she rushed towards her house; since applicant had threatened her not to disclose this incident to anyone, she has not narrate the incident to her parent. Subsequently, she explained the incident to her father at about 10.00 PM. Based on report lodged by complainant, FIR was registered against the applicant for the alleged offenc/crime. 3. Learned Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. The victim and her family members are residing as tenants in the premises belonging to the applicant; the place where the alleged incident is stated to have been committed is a common/public area within the said premises, where several tenants reside along with their family members. The alleged time of occurrence is about 05:00 PM, which is a time when, in the normal course, several persons would be present outside their respective houses. In such circumstances, the alleged incident would, in all probability, have been seen or heard by persons present at or around the spot. However, there is no any independent eye-witness in this case. As per allegation the incident had taken place on 05.03.2026 whereas 3 the FIR was lodged on 10.03.2026 which is delayed by five days and no satisfactory explanation has been given. Father of the victim is a habitual drunkard and is in the habit of picking up quarrels with other tenants residing in the premises. On 06.03.2026, the applicant had cautioned him that if he continued indulging in such activities, he would not be permitted to reside in the premises as a tenant. Upon this, father of the victim abused the applicant in filthy language and extended a threat, stating that “he will see him”. Therefore, it appears that, due to the said dispute and with an ulterior motive, father of the victim has used his daughter as a means to falsely implicate the applicant by lodging a false FIR. The applicant himself had lodged a complaint on 06.03.2026 before the Police Station Gourella, alleging that the father of the victim was creating nuisance in the premises. Applicant is aged about 68 years, he is not having any previous criminal antecedent, he is in jail since 10.03.2026, charge-sheet has not been filed, the investigation and trial will take much more time for its final adjudication, therefore, applicant may be enlarged on bail. 4. Per contra, learned State Counsel opposes the bail application of the applicant. 5. Heard learned counsel for the parties and perused the case diary. 6. Pursuant to order of this Court’s dated 07.04.2026, victim alongwith her mother present before this Court and they raised objecting in granting bail to the applicant. 4 7. Considering facts of the case, nature of allegation, submissions of counsel for the parties, particularly the fact that victim and her family members are residing as tenants in the premises belonging to the applicant; the place where the alleged incident is stated to have been committed is a common/public area within the said premises; the alleged incident had taken place on 05.03.2026 whereas the FIR was lodged on 10.03.2026 which is delayed by five days, father of the victim is a habitual drunkard and is in the habit of picking up quarrels with other tenants residing in the premises, to which, applicant had lodged a complaint on 06.03.2026 before the Police Station -Gourella alleging that father of the victim was creating nuisance in the premises, further considering that applicant is aged about 68 years, he is not having any previous criminal antecedent, he is in jail since 10.03.2026, charge-sheet has not been filed yet, there is no immediate possibility of disposal of trial, therefore, I am inclined to allow this bail application of the applicant. 8. Accordingly, this bail application for grant of bail is allowed. It is directed that the present Applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court. The applicant is directed to appear before the trial Court on each and every date to be given to him by the said Court till completion of the trial. 5 9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information/compliance. CC as per rules. Sd/- (Sanjay Kumar Jaiswal) Judge J.