1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 10201 of 2025 1 - Brijesh Kumar Hidko S/o Shrawan Hidko Aged About 21 Years R/o Bhaisakanhar, P.S.- Bhanupratappur, District- Kanker, C.G. ... Applicant(s) versus 1 - State Of Chhattisgarh Through - P.S.- Doundi, District- Balod (C.G.) ... Non-applicant(s) For Applicant(s) : Mr. Hemant Gupta, Advocate. For Non-applicant(s) : Ms. Aveline Juneja, Panel Lawyer. Hon’ble Shri Justice Ravindra Kumar Agrawal, J. Order on Board 05/01/2026 1. Pursuant to the order dated 11.12.2025, the father of the victim appeared through virtual mode from DLSA, Balod and raised objection in granting bail to the applicant, his objection is taken on record. 2. This is first bail application before this Court filed by the applicant for grant of regular bail. The applicant has been arrested on 11.09.2025 in connection with Crime No. 113/2025 registered at Police Station Doundi, District Balod (C.G.) for the offence under Sections 137(2), 87, 65(1) of BNS and Section 3/4 (2) of POCSO Act. 3. The case of the prosecution is that on 10.09.2025 a report was lodged by the father of the victim that the applicant has committed rape upon his minor daughter on 13.09.2024 and on 10.09.2025, he again took his minor ALOK SHARMA Digitally signed by ALOK SHARMA Date: 2026.01.06 10:35:43 +0530 2 daughter from the school on the pretext that her maternal grandfather has expired, and after sometime he left her to the school when she came to now about act of the applicant he lodged a report on which the FIR for the offence under Section 137(2), 87, 65(1) of BNS and Section 3/4 (2) of POCSO Act have been registered against the applicant. The applicant is arrested on 11.09.2025 and charge-sheet has been filed. 4. Learned counsel for the applicant would submit that the alleged incident is of 13.09.2024 whereas she has not made any complaint to anyone. He would also submits that on 13.09.2024 which is the alleged date of incident of rape, a complaint was made by the father of the victim against four accused persons in which the present applicant is also one of the accused. However, no FIR was registered on that day and after about a year the father of the victim lodged a report that her minor daughter was subjected to rape by the applicant on 13.09.2024 and on 10.09.2025, the applicant took the victim with him again. However, there is no allegation of rape on 10.09.2025. He would further submits that there is no reason for not lodging any report from 13.09.2024 till 10.09.2025. The applicant is in jail since 11.09.2025, and final adjudication of the case will take its own time, therefore, he may be enlarged on bail. 5. On the other hand, learned counsel for the State opposes the bail application. 6. Considering the submissions made by learned counsel for the parties, considering the nature of allegation and the material collected during the investigation further considering that in the FIR as well as statement of the witnesses that on 10.09.2025 there is no allegation of rape and it is only the allegation of rape on 13.09.2024, however, no report has been lodged till 10.09.2025, without commenting anything on merits, I am inclined to release the applicant on bail. 3 7. Consequently, the bail application filed by the applicant Brijesh Kumar Hidko for grant of regular bail is hereby allowed. It is directed that the applicant shall be released on bail on his furnishing a personal bond in the sum of Rs. 25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court, on following conditions:- (i) The applicant 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. (ii) The applicant shall not act in any manner which will be prejudicial to fair and expeditious trial, and (iii) The applicant shall appear before the trial Court on each and every date given to them by the said Court till disposal of the trial unless their personal presence is exempted by the trial Court. Sd/- (Ravindra Kumar Agrawal) Judge Alok