2026:CGHC:1252 Digitally signed NAFR INDRAJEET by INDRAJEET SAHU SAHU Date: 2026.01.08 HIGH COURT OF CHHATTISGARH AT BILASPUR

17:25:36 +0530 MCRC No. 10369 of 2025

1 - Devlal Sahu S/o Bisru Sahu Aged About 52 Years R/o Bansakara, Simga, Distt. Balodabazar Bhatapara, Chhattisgarh.

... Applicant Versus

1 - State of Chhattisgarh Through Police Station Simga, Balodabazar-

Bhatapara, Chhattisgarh.

... Respondent(s)

For Applicant : Shri Devershi Thakur and Shri Bharat Loniya, Advocates.

For Respondent : Ms. Priya Sharma, Panel Lawyer.

Hon’ble Shri Justice Ravindra Kumar Agrawal, J

Order on Board

08.01.2026

1. Pursuant to the order dated 15.12.2025, the victim along with her father appeared through virtual mode from the concerned DLSA and raised objection in granting bail to the applicant. The submission is recorded.

2. This is first bail application seeking grant of bail to the Applicant who is in jail since 21.09.2025 in connection with Crime No.512/2025 registered at Police Station Simga, District Baloda Bazar Bhatapara, for the offence punishable under Section 74 of BNS and Sections

9,10(G),11(vi) and 12 of POCSO Act.

3. As per prosecution case, on 20.09.2025 the father of victim lodged as written complaint against the applicant with the allegation that his minor daughter was subjected to outrage her modesty by the applicant on 19.09.2025 at about 11 AM while applicant took her to Tehsil office Simga on the pretext of preparing caste certificate from where he took her to village Chutchutiya in an abandoned house and tried to outrage her modesty by removing his clothes. When she started crying, he took her back to the school and allured her to give more marks in the examination and not to disclose about the incident to anyone or else she would fail. The incident was informed to him by his daughter and thereafter FIR was lodged for the aforesaid offences in which the applicant has been arrested.

4. Learned Counsel for the applicant would submit that three consecutive FIRs have been registered against the applicant at the same time with respect to different victims. It is not possible for the applicant to take the victim outside the school i.e. Tehsil office Simga and thereafter in a abandoned house at village Chutchutiya. It is also quite impossible that a minor student is roaming with the Principal in her school uniform and no one noticed them, that too, the victim was alleged to be taken away from school in presence of other Teachers for a considerable period, but no one has made any complaint or raised objection. Totally improbable story has been developed by the prosecution only to keep the applicant in detention and to remove him from School. Therefore, the applicant may be released on bail as final adjudication may take sometime.

5. On the other hand the counsel for the State opposes the bail application and have submitted that minor victim have been subjected to outrage her modesty by the Principal of the school on the pretext of preparing caste and domicile certificate. Referring to Statement of victim recorded under Section 183 of BNSS they would submit that being the influential position i.e. Principal in the School, it cannot be expected from such minor student to immediately make a complaint against the Principal. It is further submitted that statement of other Teachers are also there in the charge sheet which clearly reflects involvement of the applicant in the offence in question and therefore he is not entitled for bail.

6. Considering the submissions made by the counsel for the parties; the nature of allegation and evidence collected during investigation and also considering the age of victim and her 183 BNSS statement as also the statement of other witnesses, I am not inclined to release the applicant on bail.

7. Accordingly, the bail application is rejected.

Sd/-

(Ravindra Kumar Agrawal)

Judge

inder