1 2025:CGHC:23151 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2937 of 2025 Rajeev Kumar Dhurve @ Raju S/o Surendra Singh Dhurve Aged About 22 Years R/o Boirdand, Chuktipani, Police Station Gaurela, District Gaurela Pendra Marwahi Chhattisgarh. --- Applicant versus State Of Chhattisgarh Through Police Station Gaurela, District Gaurela Pendra Marwahi Chhattisgarh. --- Respondent MCRC No. 2940 of 2025 Shankar Singh Marko S/o Vir Singh Marko Aged About 28 Years R/o Devargaon, Sarhadtola, P.S. Gaurela, District Gaurela-Pendra-Marvahi (C.G.) ---Applicant Versus State of Chhattisgarh Through The Station House Officer, P.S. Gaurela, District Gaurela-Pendra-Marvahi (C.G.) --- Respondent For Applicants : Mr. P. Chetan Kumar and Mr. Achyut Tiwari, Advocates For Respondent/State : Ms. Laxmeen Kashyap, Panel Lawyer Digitally signed by SHUBHAM SINGH RAGHUVANSHI Date: 2025.06.12 15:13:18 +0530 2 Hon'ble Shri Justice Sanjay Kumar Jaiswal Order On Board 11/06/2025 1. Since both the applications arise out of same crime number, therefore, they are being decided by this common order. 2. The victim along with her father appeared before this Court today and stated their no objection in granting bail to the applicants. 3. The applicants have preferred this 1st bail application under Section 483 of Bhartiya Nagrik Suraksha Sanhita Act 2023 for grant of regular bail as they are arrested in connection with crime No. 22/2025, registered at Police Station – Gaurela, District- Gaurela – Pendra – Marwahi (C.G.) for offence punishable under Sections 65(1), 70(1)(2), 137(2) of BNS and Section 4(2), 5(1), 6(1), 8 of the POCSO Act, 2012. 4. As per prosecution story, on 02/02/2025, the victim lodged a written complaint at Police Station Pendra, stating that on 31/01/2025, she had gone to Boirdand along with her elder sister to attend a ‘Chhathi’ ceremony at a relative’s house. After dancing at the ceremony, the victim was on her way to her sister’s house when, at around 01:00 AM, she was accosted by Raju and his friend Shankar on the way. Both Raju and Shankar caught hold of her hands and forcibly took her to a nearby field. After reaching the field, Shankar left, and Raju removed her saree, and forcibly raped her twice. Thereafter, Raju left the spot. Based on above, the offence has been registered against the applicants. 5. Learned counsels for the applicants submit that the applicants are innocent and have been falsely implicated in the crime in question. They further submit that the victim and her mother have been examined before the Trial Court and turned hostile. The applicants are in jail since 03.02.2025 and the trial is likely to some time to be finalized, therefore, it is prayed that the applicants may be enlarged on bail. 6. Per contra, learned Counsel appearing on behalf of the State opposes the bail application. 3 7. I have heard learned Counsel appearing for the parties and perused the material available on record. 8. Considering the facts and circumstances of the case, evidence collected by the prosecution, particularly considering that victim and her mother examined before the Trial Court and today also the victim came along with her father and recorded her no objection in granting bail to the applicants, further considering the detention period of the appellant and the fact that the trial is likely to take some time to be finalized, therefore, in view of above, without further commenting on other merits of the case, at this stage, I am inclined to release the applicants on bail. 9. Accordingly, the bail applications are Allowed. 10. It is directed that the applicants shall be released on bail on each of them executing a personal bond for a sum of Rs. 20,000/- with one solvent surety for the like sum to the satisfaction of the Trial Court for their appearance before the said Court as and when directed. Sd/- (Sanjay Kumar Jaiswal) Judge Shubham