1 2025:CGHC:32088 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5359 of 2025 Ramdhan Paikra S/o Kulum Ram, Aged About 21 Years R/o Udarsai, P.S. Shankargarh, District - Balrampur-Ramanujganj (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, Police Station- Shankargarh, District - Balrampur-Ramanujganj (C.G.) ... Respondent(s) For Applicant(s) : Mr. Vedant Bhelonde, Advocate. For Respondent(s) : Ms. Shubha Shrivastava, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 10.07.2025 1. This is the second 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. 57/2024 registered at Police Station Shankargarh, District - Balrampur-Ramanujganj (C.G.) for the offence punishable under AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 Sections 366, 376(d) of IPC. 2. Case of the prosecution, in brief, is that the complainant, Lalita Paikra, daughter of Jagdish Ram, aged 18 years, 8 months, and 5 days, submitted a written application at Chirai Police Station under Shankargarh Police Station jurisdiction, reporting the incident. On 27.03.2024, at approximately 7:30 PM, while she was alone at home and standing near the door, three boys arrived on a motorcycle. One of them, identified as Kaleshwar (the son of her elder sister Phulpati's brother-in-law), along with two others, approached her. They forcibly covered her mouth with a cloth, made her sit in the middle on the motorcycle, and took her to an area near Tund Dand, where they raped her one by one. After committing the crime, they left her there and fled the scene. She somehow managed to return home and informed her sister, Phulpati, about the incident. The next day, she narrated the incident to her family members. Subsequently, it was revealed that the three accused persons were identified as Kaleshwar Paikra, son of Vimal Paikra, aged 19 years, 11 months, and 22 days, resident of Ghatgaon, Ramdhan Paikra, son of Kulum Ram, aged 21 years, resident of Udarsai and Devlal Paikra (a minor in conflict with the law), son of Ramdev Paikra, aged 17 years, 8 months, and 7 days, resident of Udarsai. Based on the report, a case was registered, and an investigation was initiated. The investigation included the applicant's statement, witness testimonies, and an inspection of the crime scene. All three accused are residents under the jurisdiction of Shankargarh Police Station, District Balrampur-Ramanujganj, 3 Chhattisgarh. 3. Learned counsel for the applicant submits that the first bail application of the applicant was rejected by this Court on merits vide order dated 12.12.2024, therefore this second bail application is preferred on behalf of the applicant on the ground that since the seizure witnesses have turned hostile before the learned trial Court. He also submits that one of the co-accused persons, who is a minor has already been acquitted by the Juvenile Justice Board, Balrampur – Ramanujganj vide order dated 22.11.2024 and the case of present applicant is identical to that of the said minor co- accused, further charge-sheet has already been filed in the present case and the applicant is in jail since 30.03.2024, hence, he prays for releasing the applicant on regular bail on the ground of parity. 4. On the other hand, learned State counsel opposes the bail application and submits that the applicant alongwith other co- accused persons have forcefully established physical relationship with the victim and fled the incident leaving her alone, further the statement of victim recorded under Section 183 of BNSS, has specifically established the involvement of applicant in the commission of alleged crime, as such, the bail application of the applicant is liable to be rejected. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the above submissions made by the learned counsel for the parties, as the seizure witnesses have turned hostile, the 4 same cannot be a ground for releasing the applicant on bail as the same amounts to only tampering with the evidence. 7. From perusal of the order dated 12.12.2024, it is apparent that the bail application of the applicant was rejected on merits on the ground that the applicant alongwith other co-accused persons have forcefully established physical relationship with the victim, who is unmarried girl aged about 18 years and after committing the said crime fled away from the place of incident leaving her alone, the FSL and MLC reports, both are positive and the ground taken by the applicant in present bail application is that one co-accused who is minor has already been acquitted by the Juvenile Justice Board, Balrampur – Ramanujganj vide order dated 22.11.2024 and prays that on the ground of parity applicant may also be enlarged on bail, but the plea of parity with a juvenile co-accused, who has been tried and acquitted under the Juvenile Justice (Care and Protection of Children) Act, 2015 is untenable, as the legal standards and aims of the juvenile justice system are entirely different, as such, the Court is of the opinion that it is not a fit case to enlarge the applicant on bail. 8. Accordingly, the second bail application of the applicant - Ramdhan Paikra, involved in Crime No. 57/2024 registered at Police Station Shankargarh, District - Balrampur-Ramanujganj (C.G.) for the offence punishable under Sections 366, 376(d) of IPC, is rejected at this stage. 9. Needless to say that the trial Court concerned is at liberty to 5 proceed and concluded the trial expeditiously. 10. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance. - Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil