1 2025:CGHC:51245 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7311 of 2025 1 - Jalesh Ratre S/o Lildas Ratre Aged About 21 Years R/o Satnamipara, Village Padiyain, P.S. Pathariya, Distt. Mungeli, Chhattisgarh. --- Applicant versus 1 - State of Chhattisgarh Through P.S. Jarhagaon, Distt. Mungeli, Chhattisgarh. --- Respondent MCRC No. 7499 of 2025 1 - Birij Kumar Ratre @ Birju S/o Chandu Lal Ratre Aged About 30 Years R/o Satnamipara, Village Padiyain, Police Station Pathariya, District Mungeli Chhattisgarh ---Applicant Versus 1 - State Of Chhattisgarh Through Police Station Jarhaganv, District Mungeli Chhattisgarh --- Respondent MCRC No. 7447 of 2025 1 - Raju Kumar Tandan @ Malinga S/o Puran @ Rajkumar Tandon, Aged About 22 Years R/o Satnamipara, Village Padiyain, Police Station Pathariya, District Mungeli (C.G.) ---Applicant Versus 1 - State Of Chhattisgarh Through Police Station Jarhaganv, District Mungeli (C.G.) --- Respondent VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.10.16 11:29:56 +0530 2 (Cause title is taken from Case Information System) For Applicants : Mr. Rajkumar Shukla, Advocate For Respondent/State : Ms. Ankita Shukla, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 13.08.2025 1. This is the First bail application filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the applicants arrested in connection with Crime No. 207/2024 registered at Police Station – Jarhagaon, District – Mungeli (C.G.) for the offence punishable under Sections 64(2)(K), 70, 77 of BNS and Section 66(E) of I.T. Act. 2. Case of the prosecution, in brief, is that the mother of the prosecutrix lodged a Dehati Nalsi Report that her daughter is mentally unsound and always use to reside in home. She usually go to the village pond for bathing alone. On 19.12.2024 at about 4:00 p.m. the prosecutrix went to village pond for bathing but she did not returned even after a long time, then the mother of the prosecutrix went towards the pond in search of her daughter. On the way, the mother of the prosecutrix met her nephew and on enquiry he informed that three person of village Pandariya took the prosecutrix to Amlikapa Khar their motorcycle and committed wrongful act with the prosecutrix. The residents of Amlikapa caught those these three persons and on searching the mobile of the those persons some obscene video of prosecutrix and abusive contents are present in the mobile. Thereafter, offence has been registered against the applicants. 3 3. Learned counsel appearing for the applicant submits that the applicants are innocent and have been falsely implicated in the present case. It is further submitted that the charge-sheet has been submitted in this case. It is further submitted that the applicants are in jail since 19.12.2024 and the conclusion of the trial shall take quite long time. Therefore, he prays for grant of bail. 4. On the other hand, learned State counsel opposes the bail application and submits that the victim is a 22 years old years and she is unsound mind and as per the statement of the mother of the victim was recorded and she has categorically stated that On 19.12.2024 at about 4:00 p.m. the prosecutrix went to village pond for bathing but she did not returned even after a long time, then the mother of the prosecutrix went towards the pond in search of her daughter. On the way, she met her nephew and on enquiry he informed that three person of village Pandariya took the prosecutrix to Amlikapa Khar on their motorcycle and committed wrongful act with the prosecutrix. The residents of Amlikapa caught those three persons and on searching the mobile of the those persons some obscene video of prosecutrix and abusive contents are present in their mobile and applicant’s FSL report is also positive. As such, the bail application of the applicants deserves to be rejected. 5. I have heard learned counsel for the parties and perused the case diary. 6. After having perused the case diary and upon due consideration of the material available on record, submissions made by learned 4 counsel for the parties, and considering the fact that applicants committed gang rape upon the victim, who is unsound mind girl aged about 22 years old and made obscene videos of prosecutrix thereafter retained, concealed and expended, this Court is of the considered view that it is not a fit case to enlarge the applicants on regular bail. 7. Accordingly, this first bail application of applicants – Jalesh Ratre, Raju Kumar Tandan @ Malinga and Birij Kumar Ratre @ Birju, involved in Crime No. 207/2024 registered at Police Station – Jarhagaon, District – Mungeli (C.G.) for the offence punishable under Sections 64(2)(K), 70, 77 of BNS and Section 66(E) of I.T. Act, is rejected at this stage. 8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Vaishali