1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8591 of 2025 1 - Dular Singh Bhadre S/o Roopsingh Bhadre Aged About 19 Years Caste - Bhatra, R/o Village - Raniguda Banwa Para, Police Station - Bhanpuri, District - Bastar (C.G.) ... Applicant(s) versus 1 - State Of Chhattisgarh Through Station House Officer, Police Station - Bhanpuri, District - Bastar (C.G.) ... Respondent(s) (Cause title taken from Case Information System) For Applicant(s) : Ms. Mahima Tandan, Advocate and Mr. Ravi Kumar Banjare, Advocates For Respondent(s)/State : Mr. Aman Tamboli, Panel Lawyer Hon'ble Shri Justice Ravindra Kumar Agrawal Order on Board 20/11/2025 1. This is the first bail application filed by the applicant under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail. The applicant has been arrested on 07.08.2024 in connection with Crime No. 124 of 2024, registered at Police Station Bhanpuri, District Bastar (C.G.) for the offence under Sections 70(2) & 126(2) of the Bharatiya Nyaya Sanhita, 2023 (in short ‘BNS’) and Section 6 of the Protection of Children from Sexual Offences Act, VED PRAKASH DEWANGAN Digitally signed by VED PRAKASH DEWANGAN Date: 2025.11.20 18:47:10 +0530 2 2012 (in short ‘POCSO Act’) and Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. 2. The case of the prosecution, in brief, is that, on 05.08.2024, the present applicant and other accused persons committed gang rape upon the victim, who is a minor girl, aged about 15 years. When she was returning from Bhanpuri market, on the way the accused persons dragged her towards maize field and committed rape upon her. On the very next day, i.e. on 06.08.2024, the named FIR has been lodged by the victim. The accused persons have been arrested and charge sheet has been filed. 3. Learned counsel for the applicant would submit that, the applicant has his fundamental right to be released, as his detention in jail would affect his right to life and liberty. The police have not followed the principles laid down by the Hon’ble Supreme Court in the case of “Arnesh Kumar v. State of Bihar” (2014) 8 SCC 273. The medical report of the victim does not support that she was subjected to sexual intercourse by the accused persons. The applicant is in jail since 07.08.2024, final adjudication of the case will take its own time, therefore, he may be enlarged on bail. 4. On the other hand, learned counsel for the State opposes and has submitted that, present is a case of gang rape, in which immediately the named report has been lodged by the mother of the victim. The victim is a minor girl, aged about 15 years and she received abrasions on both her knees. He would further submit that, total 26 witnesses have been cited, out of which 17 witnesses have already 3 been examined and the trial is in advance stage. Therefore, the applicant is not entitled for bail. 5. I have heard learned counsel for the parties and perused the the case diary and documents annexed with the bail application. 6. Considering the submissions made by learned counsel for the parties, considering the nature of allegations, material collected during the investigation, further considering the gravity of the offence and named report has been lodged by the mother of the victim, injuries on the body of the victim and 17 witnesses have been examined during the trial, I am not inclined to release the applicant on bail. 7. Accordingly, the present bail application filed by the applicant is rejected. Sd/- (Ravindra Kumar Agrawal) Judge ved