1 2025:CGHC:27012 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3341 of 2025 1 - Himanshu Barman S/o Thanda Ram Barman Aged About 20 Years Caste- Satnami, R/o Village- Hasaud, Police Station- Hasaud, District- Sakti Chhattisgarh. 2 - Nilesh Sahu S/o Madhav Prasad Sahu Aged About 27 Years Caste- Teli, R/o Village- Hasaud, Police Station- Hasaud, District- Sakti (C.G.). 3 - Pankaj Patel S/o Lakhan Lal Patel Aged About 30 Years Caste- Patel, R/o Village- Hasaud, Police Station- Hasaud, District- Sakti (C.G.). ... Applicants versus 1 - State Of Chhattisgarh Through Station House Officer, Police Station- Hasaud, District- Sakti, Chhattisgarh. ... Respondent For Applicants : Mr. Dharmesh Srivastava, Adv. For Respondent/State : Ms. Priya Sharma, P.L. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order on Board 23 / 0 6 / 202 5 1. The accused/applicants have moved this first bail application under Section 483 of BNSS, 2023 for releasing Digitally signed by HEERA LAL SAHU Date: 2025.06.23 17:50:11 +0530 2 them on regular bail during trial in connection with Crime No. 36/2025 registered at Police Station – Hasaud, District – Sakti (C.G.) for the offence punishable under Sections 137(2), 64, 61(1)(b) of B.N.S., 2023, Section 4 of Protection of Children from Sexual Offences Act, 2012 and 3(2)(v) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. 2. As per the prosecution case, the allegation against the applicants is that the applicants, along with one another co-accused, namely Hulas Sahu, on 12.03.2025 to 13.03.2025, took the victim to Burla, Orissa in a Scorpio bearing registration No. CG-11-BQ-4258 and committed forcefully sexual intercourse by co-accused Hulas Sahu in the bathroom of the petrol pump of Burla, Orissa and also threatened her for her life. Based on this, offence has been registered against the present applicants along with co- accused person Hulas Sahu. 3. Learned counsel for the applicants submits that the applicants have been falsely implicated in the present case. He next submits that the main allegation of sexual intercourse is against the co-accused Hulas Sahu, and there is no allegation against the present applicants. The present applicants have been implicated in this case because they were accompanied with the main accused in 3 Scorpio vehicle which does not attract the ingredients of offence of rape against the present applicants. He also submits that the victim was about 17 years old at the time of the incident and was a consenting party. The applicants are in jail since 16.03.2025, charge sheet has been filed, and there is no likelihood of their case being decided in the near future, therefore, the present applicants may be released on bail. He placed reliance on the decision of the Hon’ble Supreme Court in the matter of Tilku @ tilak Singh vs. State of Uttarakhand, reported in 2025 SCC OnLine SC 353. 4. On the other hand, learned counsel for the State opposes the bail application and submits that there is a clear allegation of bad touch by the present applicants in the statement of the victim recorded under Section 183 of BNSS, 2023; therefore, at this stage, they may not be enlarged on bail. 5. Today, the victim along with her mother appeared through video conferencing from concerned DLSA and raised her objection to grant bail to the applicants. 6. I have heard learned counsel for the parties and perused the case diary. 7. Considering the entire facts and circumstances of the case, particularly looking to the material available on record and 4 the evidence against the applicants and also looking to the statement of victim recorded under Section 183 of BNSS, 2023 in which she has clearly made allegation against the present applicants, charge sheet has been filed, at this stage, I am not inclined to release the applicants on bail. Accordingly, the bail application filed under Section 483 of BNSS, 2023, is rejected. 8. Office is directed to sent a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Sanjay Kumar Jaiswal) Judge H.L. Sahu