Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:36998
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5481 of 2025 • Samir Mahilange, S/o Setram Mahilange, Aged About 21 Years, R/o Village Dhruwakari, P.S. Pachpedi, District Bilaspur (C.G.). ... Applicant versus • State Of Chhattisgarh, Through Station House Officer, Police Station Pachpedi, District Bilaspur (C.G.). ... Non-applicant (Cause title taken from Case Information System) For Applicant : Mr. C.R. Sahu, Advocate. For State/non-applicant : Mr. Vivek Sharma, Panel Lawyer. For Complainant : Mr. Paras Mani Shriwas, Advocate. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order on Board 29/07/2025
1. This is the First bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant, who has been arrested in connection with Crime No.72/2025 registered at Police Station Pachpedi, District Bilaspur (C.G.), for the offence punishable under Sections 137 (2), 64 (1)/54 of BNS, 2023 and Section 16/17 of the Protection of Children from Sexual Offences, Act, 2012. 2. As per the prosecution’s case, complainant has lodged the report to the concerned Police Station Pachpedi with intend that main accused Rahul Mahilange was working as labour in the house of the present applicant. On 26.03.2025, present applicant was coming to the Bilaspur for some work of his college at that point of time Rahul Mahilange asked the present applicant
2 to drop him and victim to Bilaspur as he is having some work at there, so he gave lift to both of them and dropped them at Railway Station Bilaspur. Based on the above facts, present case has been registered against the present applicant. 3. Learned counsel for the applicant submits that the present applicant is innocent and has been falsely implicated in crime in question. He further submits there is only allegation to drop the main accused at Railway Station Bilaspur, against the present applicant. It is further submitted that there are 16 witnesses and the case is under trial. The applicant is in jail since 15.05.2025, charge sheet has been filed, and the trial is likely to take considerable time to conclude. Therefore, he prays for the grant of regular bail to the applicant. 4. On the other hand, learned counsel for the State opposes the bail application and submitted that there are 16 witnesses, who are to be examined, therefore, at this stage, he may not be enlarged on regular bail. 5.
The victim along with her mother, appear before the Court and raised objection with regard to the bail of the present applicant. 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. Considering the facts and circumstances of the case, particularly considering the fact that the present applicant only helped the main acussed and victim, there is no direct involvement of him and also considering the fact that applicant is in custody since 15.05.2025, charge sheet has already been filed and the trial is likely to take considerable time, therefore, at this stage, without commenting on merits of the case, I am inclined to release the applicant on bail. 8. Accordingly, the bail application is allowed. Samir Mahilange, present applicant is released on regular bail and is directed that the he shall be released on bail on his furnishing a personal bond in the sum of Rs. 25,000/-
3 with one surety in the like sum to the satisfaction of the trial Court. The applicant is directed to appear before the trial Court on each and every date to be given to him by the said Court till disposal of the trial. It is made clear that any observation made by this Court in this order shall not affect the trial of the case. 9. Office is directed to send a certified copy of this order to the trial Court concerned, for necessary information and compliance forthwith. Sd/-
(Sanjay Kumar Jaiswal)
Judge
Digitally signed by DEEPTI JHA NIRALA Date: 2025.07.29 16:24:09 +0530