1 2025:CGHC:61891 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9643 of 2025 1 - Mahendra Bain S/o Shri Sushen Bain Aged About 22 Years R/o P.V. 59, Kapsi Yashwant Nagar, Village Thana Pakhanjur, Tehsil Pakhanjur District- North Baster Kanker (C.G.) ... Applicant(s) versus 1 - State Of Chhattisgarh Through Station House Officer, Police Station Pakhanjur District- North Baster Kanker (C.G.) ... Non-applicant(s) For Applicant(s) : Mr. Shreyansh Pathak, Advocate appeared through virtual mode. For Non-applicant(s) : Mr. Ajay Kumrani, Panel Lawyer. Hon’ble Shri Justice Ravindra Kumar Agrawal, J. Order on Board 19/12//2025 1. Pursuant to the order dated 27.11.2025, the victim and her mother appeared through virtual mode from DLSA, Kanker and submitted that they have no objection in granting bail to the applicant, their submission 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 08.02.2025 in connection with Crime No. 18/2025 registered at Pakhanjur, District North Baster Kanker (C.G.) for the offence under Sections 64(1), 351(2), 308(2), 3(5) of BNS and Section 4 of POCSO Act. ALOK SHARMA Digitally signed by ALOK SHARMA Date: 2026.01.06 12:18:05 +0530 2 3. The case of the prosecution is that on 07.02.2025 the mother of the victim lodged a report that on 06.02.2025 she was being informed by her neighbor that an obscene video is running in social media and when she had seen the said obscene video she asked her daughter then her daughter disclosed about incident that the applicant and his friends committed rape upon her and prepared her obscene video. Despite her calling for rescue his friends not rescued her and left her. It is also alleged that the applicant threatened her daughter and extort money of Rs. 6,000/- for deleting the obscene video. The police has registered the offence under Section 64(1), 351(2), 308(2), 3(5) of BNS and Section 4 of POCSO Act. The applicant has been arrested on 08.02.2025 and charge-sheet has been filed. 4. Learned counsel for the applicant would submit that there is love affair with the applicant and the victim and both of them have made physical relation consensually. There is no forceful act committed by the applicant with her. The other two friends have did anything as they were standing at some distance and except the threatening, there is no complaint made by the victim or her parents. He would further submits that belated report has been lodged by the complaint. The applicant is in jail since 08.02.2025, 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 and submitted that as per the allegation against the applicant, he along with his friends took the victim towards jungle and the present applicant committed rape upon her and his two friends have got prepared the obscene video of the victim, they threatened the victim and ultimately get it viral on the social media. Looking to the entire state of affairs and the manner in which the offence is said to have been committed, the applicant is not entitled for bail. 6. I have heard learned counsel for the parties and perused the case diary. 3 7. Considering the submissions made by learned counsel for the parties, considering the nature of allegation and the material collected during the investigation further considering the 183 BNSS, statement of the victim and also the manner in which she was subjected to rape by the applicant and thereafter, her obscene video is viral in the social media and further the age of the victim, I am not inclined to release the applicant on bail. His bail application is, therefore, rejected. Sd/- (Ravindra Kumar Agrawal) Judge Alok