1 2025:CGHC:7860 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 313 of 2025 1 - Bikesh Bai Markandey W/o Jayprakash Markandey Aged About 31 Years R/o Village Sivani, Tahsil Abhanpur, District Raipur Chhattisgarh. --- Applicant (s) versus 1 - State Of Chhattisgarh Through Station House Officer, Police Station Utai, District Durg Chhattisgarh. --- Respondent(s) MCRC No. 1124 of 2025 1 - Smt. Taruna Bai Baghel W/o Dinesh Kumar Baghel Aged About 30 Years R/o Ward No. 19, Dumardeeh, Police Station Utai, District Durg (C.G.), At Present Resident Of Minimata Nagar Gali No.5, C/o. House Of Lata Rajkumar Kapse, Nagpur, Police Station Kalmana, District Nagpur (Maharastra) (As Per Charge Sheet) ---Applicant(s) Versus 1 - State Of Chhattisgarh Through The Station House Office, Police Of Police Station Utai, District Durg (C.G.) --- Respondent(s) MCRC No. 1135 of 2025 1 - Dinesh Kumar Baghel S/o Late Keshlal Aged About 33 Years R/o Ward No. 19, Dumardeeh, Police Station Utai, District Durg (C.G.) At Present Resident Of Minimata Nagar Gali No.5, C/o. House Of Lata Rajkumar Kapse, Nagpur, Police Station Kalmana, District Nagpur (Maharastra) (As Per Charge Sheet) --- Applicant(s) NARESH KUMAR KAMDE Digitally signed by NARESH KUMAR KAMDE Date: 2025.02.21 10:58:23 +0530 2 versus 1 - State Of Chhattisgarh Through The Station House Office, Police Of Police Station Utai, District Durg (C.G.) --- Respondent For Applicant(s) : Shri Amarnath Pandey and Shri Praveen Dhurandhar, respective Advocates. For the State : Ms. Prabha Sharma, Panel Lawyer. Hon’ble Shri Justice Arvind Kumar Verma Order on Board 13/02/2025 1. These bail applications arise out of a common Crime No.300/2024 registered at Police Station Utai, District Durg for the offence punishable under Sections 137 (2), 87, 64 (2), 351 (2), 142, 249, 3 (5) of BNS and Sections 6, 21 of POCSO Act, therefore, they are being heard analogously and decided by this common order. 2. The case of the prosecution in brief is that on 12.10.2024, the father of the prosecutrix registered and oral complaint before the police station stating that he is a farmer and having two children. Among which prosecutrix is aged about 17 years and 5 months. Her date of birth is 20.05.2007. On 11.10.2024 around 01:30 pm, prosecutrix left her house saying that she is going to her friend's house but not returned to home. He searched for her in locality and in relatives house. On this complaint, the police has registered FIR against unknown person under section 137(2) of B.N.S. Thereafter, during investigation the police has recovered the prosecutrix from Bal Kalyan Nagpur (Maharashtra). The prosecutrix on asking has stated that she left her house with co-accused 3 Nikhil Kurre and was raped multiple times by him. The allegation against the present applicants are that after knowing prosecutrix is minor has helped the co-accused. 3. Learned counsel for the applicants submits that applicants have falsely implicated in the present case, the main accused is Nikhil against whom, there is allegation of sexual assault, prosecutrix is 17 years and 7 months and she herself left the guardianship of parents and resided with the co- accused till 21/11/2024 and only allegation against the applicants are that she along with main accused resided in the house of the present applicants as wife of the co-accused, hence, 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 grant of bail. 5. Today, victim and father appeared before this Court through video conferencing and raised serious objection with regard to grant of bail to the applicants. 6. Heard learned counsel for both the parties. 7. Taking into consideration particularly that there is love affair between victim and main accused Nikhil Kurre and the applicants only shelter the main accused and prosecutrix in the house, charge-sheet has already been filed, applicants are in jail since 29/11/2024 and 16/01/2025 respectively, trial will take more time to conclude the trial, one of the 4 accused in this case is his wife who is also an accused is pregnant by 7 months, there is no previous criminal antecedent against the applicants, therefore, I am inclined to allow bail applications of applicants. 8. Accordingly, bail applications are allowed. 8. Accordingly, bail applications are allowed. It is directed that applicant Bikesh Bai Markandey, Smt. Taruna Bai Baghel and Dinesh Kumar Baghel 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/- Sd/- (Arvind Kumar Verma) JUDGE Kamde