1 2025:CGHC:14339 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1463 of 2025 1 - Guman Nishad S/o Jagmohan Nishad Aged About 21 Years R/o Ward No. 20, Village- Bemcha District- Mahasamund, Chhattisgarh. --- Applicant(s) versus 1 - State Of Chhattisgarh Through The P.S.- Mahasamund, District- Mahasamund, Chhattisgarh. --- Respondent(s) MCRC No. 1464 of 2025 1 - Ashik Nishad S/o Santosh Nishad Aged About 20 Years R/o Ward No. 20, Village - Bemcha District - Mahasamund (Chhattisgarh). --- Applicant(s) versus 1 - State Of Chhattisgarh Through The P.S.- Mahasamund, District - Mahasamund (Chhattisgarh). --- Respondent(s) MCRC No. 1467 of 2025 1 - Ganesh Nishad S/o Tulsi Ram Nishad Aged About 22 Years R/o Ward No. 11, Village - Bemcha District - Mahasamund (Chhattisgarh). ... Applicant(s) versus 2 1 - State Of Chhattisgarh Through The P.S. - Mahasamund, District - Mahasamund (Chhattisgarh). ... Respondent(s) For Applicants(s) : Shri Akshay Sail, Advocate For Respondent/State : Ms.Pragya Shrivastava, Dy.GA (Hon’ble Shri Justice Arvind Kumar Verma) Order on Board 25/03/2025 As the above three M.Cr.Cs. are arising out of the same Crime Number, they are being disposed of by this common order. 2. The applicants have filed this bail application under Section 483 of the Bhartiya Nagrrik Suraksha Sanhita for grant of regular bail as they are in custody in connection with Crime No. 256/2024 registered at police station Mahasamund, District Mahasamund (CG) for the offence punishable under Sections 376(2)(n), 376(3), 506 Part-II/34 of IPC, Section 6 of the POCSO and Section 67 of the IT Act. 3. Prosecution case in brief is that report was lodged against the applicants on 19.05.2024 alleging that the applicants took the prosecutrix to the doctor on 17.05.2024 as she was complaining of stomach ache and on examination, she was found pregnant. Thereafter on 18.05.2024, she was admitted at Aditya Hospital, Mahasamund for treatment. It is the case of prosecution that the applicant in M.Cr.C. No. 1463/2025 were having love affair and on 21.01.2024 they developed physical relations and the co-accused persons helped the applicant in the said offence. Based on the said report two more Crime Nos. were registered against two different persons namely Rajendra Sahu and Tulsi Sahu (Cr. Nos. 257/2024 and 258/2024) respectively. On the basis 3 of the said report, the police registered the offence against the accused persons and they were arrested. 4. Counsel for the applicants submits that the applicants have been falsely implicated in the case. He further contended that the FIR was lodged with a delay of about 5 months. It is contended that the incident took place on 19.01.2024 and 21.01.2024 whereas the FIR was lodged on 19.05.2024. It is contended that two more FIRs have been registered against two others of the same offence of sexual assault and therefore the testimony of the prosecutrix not credible and creates doubt as she has narrated different stories in her statements. It is submitted that the accused Rajendra Sahu in Crime No. 257/2024 has been granted bail by this Court in M.Cr.C. No. 6869/2024 vide order dated 08.01.2025, therefore the present applicants may also be granted similar benefit. 5. It is contended on behalf of the applicants namely, Ashik Nishad and Ganesh Nishad in M.Cr.C. Nos. 1464/2025 and 1467/2025 receptively that they have only assisted the applicant Guman Nishad in the commission of rape. Lastly, it is submitted that the charge sheet has been filed, they are in jail since 20.05.2024 and the trial is likely to take some time, they are ready and willing to comply with any of the conditions which may be imposed upon them and thus, it is submitted that the application be allowed and the applicants be released on bail. 6. Learned counsel for the respondent/State, on the other hand, has opposed the bail applications and submits that applicant Ashik Nishad in M.Cr.C. No1464/2025 had transmitted in the electronic form and made it viral. 4 7. Heard counsel for the parties and perused the record. 8. From perusal of the prosecution case, the accused Guman Nishad had developed physical relation with the victim, she became pregnant and thereafter when her parents came to know about the incident, the report was lodged. However, after the victim gave birth to a child and DNA test was done and as per the report, applicant was not the biological father of the child. 9. Here in the present case, though the applicant had denied to have made any physical relation with the prosecutrix but considering the fact that it was not the first occasion when the complaint was made by the prosecutrix against the applicant for committing rape but in the same vein she made similar type of allegations against other persons also. Thus, taking into consideration the fact that they are in jail since 20.05.2024, charge sheet has been filed and that the final disposal of the trial is likely to take sufficiently long time, the present applications deserves to be allowed. Accordingly, their bail applications are allowed. 10. It is directed that in the event of applicants’ executing a personal bond for a sum of Rs. 10,000/- each with one surety to the satisfaction of the concerned trial court, they shall be released on bail on the following conditions: I) they shall file an undertaking to the effect that he/she shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in the Court. IN case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. ii) they shall remain present before the trial court on each date fixed, either personally or through his/her counsel. In case of his absence without sufficient cause, the trial court may proceed against him/her 5 under Section 269 of BNS, 2023. iii) In case, the applicants misuse the liberty of bail during trial and in order to secure his/her presence, proclamation under Section 84 of the BNSS, 2023 is issued and the applicants failed to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him/her. In accordance with law under Section 209 of BNS, 2023. iv) The applicants shall remain present, in person, before the trial court on the dates fixed for (I) opening of the case (ii) framing of charge and (iii) recording of statement under Section 351 of BNSS, 2023.If in the opinion of the trial court absence of the applicants are deliberate or without sufficient cause,t hen it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him/her in accordance with law. Sd/- (Arvind Kumar Verma) Judge SUGUNA DUBEY Digitally signed by SUGUNA DUBEY Date: 2025.03.27 11:11:37 +0530