1 2025:CGHC:1832 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8492 of 2024 1 - Mukesh Yadav, Aged About 20 Years R/o Village- Dhanwara Tola, Sevoni, Police Station- Marwahi, District- Gourella- Pendra- Marwahi Chhattisgarh 2 - Ajay Gotiya S/o Semlal Gotiya ( Kol ), Aged 18 Years 2 Months. R/o Village- Dhanwara Tola, Sevoni, Police Station- Marwahi, District- Gourella- Pendra- Marwahi Chhattisgarh. ... Applicant(s) versus 1 - State Of Chhattisgarh Through- Station House Officer, Police Station- Marwahi, District- Gourella- Pendra- Marwahi Chhattisgarh. ... Respondent(s) For Applicant(s) : Shri Malay Shrivastava, Advocate. For the State : Ms. Vaishali Mahilong, Panel Lawyer. Hon’ble Shri Justice Arvind Kumar Verma Order on Board 10/01/2025 1. The applicants have preferred first bail application under Section 483 of Bhartiya Nagrik Suraksha Sanhita for grant of regular bail as they have been arrested in connection with Crime No.220/2024 registered at NARESH KUMAR KAMDE Digitally signed by NARESH KUMAR KAMDE Date: 2025.01.15 10:42:13 +0530 2 Police Station Marwahi, District Gourela-Pendra-Marwahi (C.G.) for the offence punishable under Sections 74, 79, 296, 115 (2) 3 (5) of the Bharatiya Nyaya Sanhita, 2023. Section 8 of the Protection of Children from Sexual Offences Act, 2012 and Section 3 (2) (v), 3 (1) (द) (घ) of the Schedule Caste and the Schedule Tribes (Prevention of Atrocities) Act, 1989. 2. The case of prosecution in brief is that on 24/09/2024, the prosecutrix along with father and mother has submitted a written report that on 15/09/2024 the prosecutrix went for Ganesh festival and when the prosecutrix reached near High School, the applicant caught the prosecutrix and on raising the alarm, the other co-accused persons came and they all have committed the offence with the prosecutrix. 3. Learned counsel for the applicant contended that during the investigation the custodial interrogation of the applicants are not required and the applicants were furnishing the bail bond on 25/09/2024 thereafter after completion of investigation the Police has given notice to the applicants directing that applicants for appearance on 21/11/2024 for filing charge-sheet and the applicants appeared before the trial Court on 21/11/2024 and filed an application under Section 483 of BNSS, but the same was rejected by the Special Judge, Pendraroad. The applicants are in jail since 22/11/2024, charge-sheet has been filed and trial will take more time to conclude the trial, therefore, they may be released on bail. 4. Learned counsel for the State opposes the submission made by learned counsel for the applicants and submits that offence committed by applicants is of grievous nature. Hence, they are not entitled for 3 grant of bail. 5. Today victim and her father appeared before this Court through video conferencing from concerned DLSA and made no objection regarding granting of bail to the applicants, their objection is taken on record. 6. Heard learned counsel for the parties. 7. Looking to the nature of offence, applicants are in jail since 22/11/2024, charge-sheet has been filed and trial will take more time to conclude the trial, there is no previous criminal antecedent against the applicants, therefore, I am inclined to allow bail application of applicants. 8. Accordingly, bail application is allowed. It is directed that applicant Mukesh Yadav and Ajay Gotiya shall be released on regular bail, on their furnishing bail bond in sum of Rs.10,000/- with one surety each in the like sum to the satisfaction of the Court on the conditions that- a) They shall appear before the Trial Court regularly on each and every date, unless exempted from appearance. b) They shall not, in any manner, tamper with the prosecution witnesses. c) If they are found involved in similar offence in the future, it will be open for the State to apply for cancellation of Bail. Certified copy as per rules. Sd/-- (Arvind Kumar Verma) JUDGE Kamde