Navin Soni vs State Of Chhattisgarh

The applicant has preferred this first bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, for grant of regular bail, as he has been arrested in connection with Crime No. 43/2026 registered at Police Station Telibandha, District Raipur (C.G.), for the offences punishable under Sections 137(2) and 65(2) of the Bharatiya Nyaya Sanhita, 2023 and Section 4 of the Protection of Children from Sexual Offences Act, 2012.

The prosecution case, in brief, is that on 05.02.2026, the father of the victim lodged a report alleging that on 04.02.2026, the applicant, while travelling in a white car, took the victim, aged about 10 years and her friend to an isolated place near Lalit Mahal Hotel, on the pretext of providing them food, where he allegedly sexually assaulted the victim. On the basis of the report, the aforesaid offence was registered and after investigation, charge-sheet was filed against the applicant.

Learned counsel for the applicant would submit that the applicant is innocent and has been falsely implicated in the present case. He would further submit that the charge-sheet has already been filed before the competent Court and out of 30 prosecution witnesses, only four have been examined so far, indicating that the trial is likely to take considerable time. It is also contended that the medical evidence does not support the allegations made in the FIR and that the applicant has no criminal antecedents. As the applicant is in custody since 06.02.2026, he prays for grant of bail to the applicant.

On the other hand, learned State counsel would oppose the prayer for grant of bail and submit that the applicant is accused of sexually assaulting a minor victim aged about 10 years. He would further submit that the victim, in her statement recorded under Section 183 of BNSS, has made specific allegations against the applicant, which are also supported by the statement of the other minor girl who was accompanying the victim at the relevant time. In view of the seriousness of the allegations and the age of the victim, learned State counsel prays for rejection of the bail application.

I have heard learned counsel appearing for the parties and perused the case diary.

Having considered the facts and circumstances of the case, nature of allegations, the age of the victim, who was about 10 years at the time of the incident, the manner in which the offence was allegedly committed and the statement of the victim recorded under Section 183 of the BNSS, which is supported by the statement of the other minor girl accompanying her, I am not inclined to enlarge the applicant on bail.

Accordingly, the bail application filed by the applicant under Section 483 of the BNSS, involved in Crime No. 43/2026 registered at Police Station Telibandha, District Raipur (C.G.), for the offences punishable under Sections 137(2) and 65(2) of the Bharatiya Nyaya Sanhita, 2023 and Section 4 of the Protection of Children from Sexual Offences Act, 2012, is hereby rejected.