1 2025:CGHC:39550 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4795 of 2025 1 - Ramkishan Verma S/o Ratan Verma Aged About 27 Years R/o Villoge Banbod, Police Outpost Mohara, Police Station Dongargarh, District Rajnandgaon, Chhattisgarh ... Applicant(s) versus 1 - State Of Chhattisgarh Through The Sho, Police Station Khairagarh, District Khairagarh-Chhuikhadan-Gandai (Earlier District Rajnandgaon) Chhattisgarh ... Respondent(s) For Petitioner(s) : Shri Siddarth Pandey, Advocate For Respondent(s) : Ms. Upasna Mehta, Dy. GA (Hon’ble Shri Justice Arvind Kumar Verma) Order on Board 07/08/2025 The applicant has filed this third application under Section 483 of the BNS, 2023 for grant of regular bail as he is in custody in connection with Crime No. 317/2023 registered at police station Khairagarh, District 2 Khairagarh-Chhuikhadan-Ganda, (CG) for the offence punishable under Sections 341/34, 363/34.366A/34,342/34, 376(2)(j)(k)(l)/34, 376(D), 376(2)(j) (n) of IPC and Sections 5(k)/6.34 of the POCSO Act. The first bail application was dismissed as withdrawn with liberty tor renew the same after examination of the material witnesses vide order dated 08.05.2024 in M.Cr.C. No. 2694/2024 and thereafter the second bail application was rejected on merits vide order dated 11.03.2025 in M.Cr.C. No. 1102/2025. 2. As per prosecution case, on 09.07.2023, father of the victim lodged a report at police station Khairagarh alleging that on 08.07.2023, at about 9.00 am when had gone to work with his wife, his mother and the victim were at home and when they returned from work, the victim was not found. During search, he came to know that three persons stopped his daughter and one of them ie. Nand Kumar Meshram took her towards the field whereas the applicant and co-accused were sitting near Kumhi Nala and were keeping watch outside and one of the applicant took her to his house at village Banbod where he committed rape on her. She narrated the incident to her parents and thereafter the report was lodged by her father against the applicant. 3. Counsel for the applicant submits that the applicant has been falsely implicated in the case. He submits that the main accused is Nand Kumar Meshram and the role of the applicant was that he was sitting and keeping watch outside. He submits that the victim was examined before the trial court and she did not support the prosecution case. He submits that similarly placed co-accused has been granted bail by this Court in M.Cr.C No. 3185/2025 vide order dated 10.06.2025 and therefore the present application may also be granted similar benefit. Lastly, he submits that the 3 applicant is in jail since 09.07.2023, the charge sheet has been filed and the trial is likely to take some time, he is ready and willing to comply with any of the conditions which may be imposed upon him and thus, it is submitted that the application be allowed and the applicant be released on bail. 4. On the other hand, learned counsel for the State would oppose the bail application. 5. Notice has been duly served upon the grandmother of the victim but none appeared. Ms. Anubha Shankar, Advocate, present in the Court is requested to assist the Court as Amicus Curae on behalf of the victim. 5. I have heard counsel for the parties and perused the material available on record. 6. Considering the entire facts and circumstances of the case and also looking to the fact that similarly placed co-accused has been granted bail by the trial court and also that the applicant bears no principal role in the commission of the alleged offence, the same having been committed by the main accused, Nand Kumar Meshram, I am inclined inclined to allow this application. Accordingly, the application filed under Section 483 of the BNSS by the applicant for grant of regular bail is allowed. 7. It is directed that in the event of each of the applicants executing a personal bond for a sum of Rs.10,000/- with one surety each in the like sum to the satisfaction of the concerned Trial Court, the applicant shall be released on bail, on following conditions :- (i) he shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court, 4 (ii) he shall not act in any manner which will be prejudicial to fair and expeditious trial, and (iii)he shall appear before the trial Court on each and every date given to them by the said Court till disposal of the trial, (iv)he shall not involve himself in any offence of similar nature in future. 8. The observation made in the course of this order are only for considering the case of applicant on the application for grant of regular bail. The concerned trial Court shall not be influenced or bound by the observation made in the course of this order. Sd/- (Arvind Kumar Verma) Judge SUGUNA DUBEY Digitally signed by SUGUNA DUBEY Date: 2025.08.12 14:30:23 +0530