Manoj Kumar Sarthi Vs State of Chhattisgarh

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Digitally signed by ALLENA ALLENAANNAJEE ANNAJEE RAO RAO Date:2026.01.22 17:23:10 +0530

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NAFR

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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MCRC No. 308 of 2026

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Manoj Kumar Sarthi S/o Mangal Ram Sarthi, Aged About 37 Years Occupation Labour, R/o Village Rainpur, Police Station Dipka, DistrictKorba (C.G.) ... Applicant

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versus

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State of Chhattisgarh through Station House Officer Police Station Pali, District- Korba, Chhattisgarh ... Respondent

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For the applicant : Mr. Ram Kumar Tiwari, Advocate For the State : Mr. Sumit Singh, Deputy Advocate General

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(Hon’ble Shri Justice Sanjay Kumar Jaiswal)

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Order on Board

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22.01.2026

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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. 367/2025 registered at Police Station Pali, District Korba (CG) for the offences under Sections 75(2) of BNS & Section 8 of the POCSO Act.

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2. As per the prosecution case, a report was lodged by the prosecutrix herself against the applicant that on 21.09.2025, she had gone to Nonbirra with her grand father on the accused’s scooter to get rice, then accused said that after dropping the rice, come and pick him up. After dropping the rice, she came and both of them left from there on the scooter and on the way, when they reached near Khalari forest, the accused took her inside the forest and while sitting on the scooter, he caught hold of her hands and arms and

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2

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pulled her towards himself and started outraging her modesty and further asked her to give her some time to do wrong acts, on which, the prosecutrix got down from the scooter and ran away. Thereafter she disclosed the incident to her parents and others. On the basis of the said report, the crime was registered against him.

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3. Learned counsel for the applicant submits that there was a monetary transaction between the applicant and victim’s father which led to filing a false complaint against him. He further submits that the applicant has been roped in the alleged outraging modesty by projecting a concocted story. He further submits that though the prosecutrix is stated to be minor yet the evidence of correct age has not been proved. He submits that the applicant is in jail since 07.10.2025 and there is no immediate possibility of disposal of case, therefore, he may be enlarged on bail.

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4. Per contra, learned State Counsel opposes the bail application and submits that the victim and her mother have been examined before the trial Court and they have supported the prosecution case. He further submits that at the time of the incident, the victim was minor.

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5. The victim along-with her father is present in person before this Court and objected to granting bail.

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6. Having considered the submissions made by learned counsel for the parties and the material available on record, I am not inclined to release the applicant on regular bail at this stage. Accordingly, the bail application is rejected .

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Sd/(Sanjay Kumar Jaiswal) Judge

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Rao

Manoj Kumar Sarthi v. State of Chhattisgarh

Case brief

What is this about?

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Manoj Kumar Sarthi v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

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