1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 10188 of 2025 1 - Kapil Chauhan S/o Late Bindheshwar Chauhan, Aged About 19 Years Caste Chik, R/o Village Kaliya, Police Station Narayanpur, District Jashpur (C.G.) 2 - Ashwin Kujur S/o Gregory Kujur Aged About 19 Years R/o Putukela, Police Station Narayanpur, District Jashpur (C.G.) 3 - Khuskar Ram S/o Manjan Ram, Aged About 25 Years R/o Putukela, Police Station Narayanpur, District Jashpur (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, Police Station Narayanpur District Jashpur (C.G.) ... Respondent(s) For Applicants : Mr. Ashish Gupta, Advocate For Respondent/State : Mr. Ajay Kumrani, P.L. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order On Board 27.01.2026 1. On 05.01.2026, the victim appeared through virtual mode from DLSA, Bagicha and expressed her no-objection in granting bail to the applicants. BHOLA NATH KHATAI Digitally signed by BHOLA NATH KHATAI Date: 2026.01.28 10:49:05 +0530 2 2. This is the first bail application filed u/s 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicants who have been arrested in connection with Crime No.84/2025 registered at Police Station - Narayanpur, District – Jashpur (C.G.) for the offence punishable under Section 70(2) of BNS, Sections 4, 5 & 6 of POCSO Act and Section 3 (2) (v) of SC & ST (Prevention of Atrocities) Act. 3. As per the prosecution case, the allegation against the applicants is that they committed gang rape with the victim despite knowing well that she was a minor and belonged to Scheduled Tribe. On report being lodged in this regard, the applicants were arrested on 12.08.2025. 4. Learned counsel appearing for the applicants submits that the victim and her parents have been examined before the trial Court and the victim has not supported the case of prosecution and turned hostile. The victim has also expressed her no objection in granting bail to the applicants. He further submits that there are total 33 witnesses, out of which only 3 witnesses i.e. the victim and her parents have been examined till date, the applicants are in jail since 12.08.2025 and there is no likelihood of the trial to be concluded at the earliest. Therefore, considering all these facts, the applicants may be released on bail. 5. Learned state counsel, on the other hand, opposing the bail application submits that the victim was minor at the time of 3 incident and considering the nature of offence, the applicants do not deserve to be released on bail. 6. Heard learned counsel for the parties and perused the case diary. 7. Taking into consideration the overall facts and circumstances of the case, particularly the court statements of the victim and her parents and also considering the fact that the victim has expressed her no-objection in granting bail to the applicants, there are total 33 witnesses out of which only 3 witnesses i.e. the victim and her parents have been examined so far, the applicants are in jail since 12.08.2025, there is all possibility of the trial taking considerable time for its final conclusion, this Court is of the opinion that a case for grant of bail to the applicants has been made out. 8. Accordingly, the application for grant of bail is allowed. It is directed that the present Applicants shall be released on bail on their furnishing a personal bond in the sum of Rs.25,000/- with one surety each in the like sum to the satisfaction of the concerned trial Court. The applicants are directed to appear before the trial Court on each and every date to be given to them by the said Court till completion of the trial. 9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information. Sd/- (Sanjay Kumar Jaiswal) JUDGE Khatai