The court emphasizes the seriousness of allegations against the applicant involving the attempted outrage of a minor's modesty and declines bail due to ongoing trial specifics.

Order on Board

09.07.2025

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 in Crime No. 71/2025 registered at Police Station Champa, District Janjgir Champa (C.G) for the offences under Sections 74 , 78, 296, 351(3), 115(2) of BNS 2023 and Section 8 of the POCSO Act.

2. The prosecution case is that the mother of the victim lodged a written report that on 01.03.2025 at about 11.00 pm, the victim went to the bathroom at the back of the house, then the applicant who is her neighbor was hiding in the barn (Badi) and seeing the victim, caught hold of her and pulled her hand with bad intention. When the victim raised noise, her mother came and the applicant was standing there. The victim’s mother came out and scolded him and slapped him twice, on which, the applicant called his family members and started quarreling with her and threatened that if you people report, he would kill you and slapped the victim’s mother. When the victim’s father tried to intervene, the applicant also beat him too, due to which, his left hand got injured. The clothes of Victim’s mother also got torn in the scuffle. It is also alleged that for the last 7 months, the applicant was trying to talk with the girl and out of fear, she has not informed the parents.

3. Learned counsel for the applicant submits that the applicant and complainant are neighbors and a previous dispute was existing between the two families regarding parking of his auto, which has further aggravated on the date of incident and previously the applicant had prevented the illegal encroachment of complainant, therefore, by projecting concocted story, the complainant has roped him in a false case and in fact he has not committed any offence. He also points out contradictions regarding the age of prosecutrix differently mentioned in the FIR and in charge sheet. It is further submitted that as per the Admission Register collected by the prosecution, the complainant and her husband are not the real biological parents and it is purely a case of false implication. He submits that the applicant is the main bread winner in his family and he is in jail since 02.03.2025 and the trial is likely to take time, therefore, he may be enlarged on bail.

4. Per contra, learned State Counsel opposes the bail application and submits that the victim girl was minor and on the date of incident, the applicant tried to outrage her modesty and when the said act was resisted by her parents, they were rebuked and assaulted by the applicant.

5. The victim girl along with her parents appeared through VC from the concerned DLSA and objected to bail.

6. Having considered the submissions made by learned counsel for the parties and the fact that the trial has not yet commenced, I am not inclined to release the applicant on regular bail, at this stage.