1 2026:CGHC:20740 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3342 of 2026 1 - Nomesh Sahu S/o Mantram Sahu Aged About 21 Years Resident Of Mandhar Ward No.05, Police Station Vidhansabha Gramin Raipur, District- Raipur (C.G.). 2 - Takendra Sahu S/o Late Lukeshwar Sahu Aged About 27 Years Resident Of Mandhar Ward No.05, Police Station Vidhansabha Gramin Raipur, District- Raipur (C.G.) ... Applicants versus 1 - State Of Chhattisgarh Through The Station House Officer, Police Of Police Station City Kotwali, Dhamtari District- Dhamtari (C.G.) ... Non-applicant For Applicants : Mr. Anil Kumar Gulati, Advocate For State/ Non-applicant : Ms. Smriti Shrivastava, P.L. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 01.05.2026 1. The applicants have preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as they have been arrested in connection ARPAN SRIVASTAVA Digitally signed by ARPAN SRIVASTAVA Date: 2026.05.05 18:45:03 +0530 2 with Crime No.05/2026, registered at Police Station – City Kotwali, Dhamtari, District Dhamtari (C.G.) for the offence punishable under Sections 137(2), 87 read with Section 3(5) of the Bharatiya Nyaya Sanhita. 2. That, the prosecution story in brief is that on 02.01.2026, the victim along with her sister-in-law had gone to District Hospital, Dhamtari to meet her younger sister who was admitted due to labour pain, and while they were sitting at the bus stand at about 5:00 PM, two persons came on a motorcycle, upon which the sister-in-law went with them towards Raipur; on the basis of the report lodged by the sister-in-law, an offence under Section 137(2) of the BNS was registered, and thereafter the victim was recovered on 03.01.2026 at about 15:45 hours, and on the basis of the statement of the victim recorded during investigation, the present applicant was arrested for the commission of the alleged offence. 3. That, learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the present case and have not acted in the manner alleged by the prosecution. It is further submitted that the victim, aged about 17 years, was in contact with applicant No.1 through social 3 media and had voluntarily accompanied him, and the allegation regarding establishing physical relations was refused, and thereafter a false story of assault has been levelled. It is also submitted that there is no supporting MLC report showing any such act by the applicants and the medical evidence does not corroborate the prosecution case, as no grievous or internal injury was found and the alleged assault was attributed to one Pooja Sahu. It is further submitted that the statement of the victim recorded under Section 183 of BNSS is contradictory to her earlier statement, no specific role has been attributed to applicant No.2 and no test identification parade was conducted. He further submits that no nature of injury has been mentioned in the MLC Report of the injured. It is also submitted that the applicants are in custody since 08.03.2026 and, therefore, they are entitled to be released on bail. 4. That, learned State counsel opposes the bail application and submits that there is sufficient material available on record to prima facie establish the involvement of the applicants in the alleged offence. It is further submitted that the statement of the victim clearly implicates the applicants and cannot be discarded at this stage, particularly considering that the victim is a minor. It is also contended that the allegations are serious in nature and 4 there is every likelihood of the applicants influencing the witnesses if released on bail. Hence, the State prays for rejection of the bail application. 5. I have heard learned counsel for the parties and perused all of the documents available on record. 6. Considering the facts and circumstances of the case, particularly it is further submitted that the applicants are in custody since 08.03.2026, the charge-sheet has already been filed in the present case before the Competent Court, and there are no previous criminal antecedents reported against the applicants, and no injury has been found in the MLC Report, therefore, further custodial detention of the applicants is not warranted and the conclusion of trial is likely to take some time. Accordingly, the application is allowed. 7. Let applicants, Nomesh Sahu and Takendra Sahu involved in Crime No.05/2026, registered at Police Station – City Kotwali, Dhamtari, District Dhamtari (C.G.) for the offence punishable under Sections 137(2), 87 read with Section 3(5) of the Bharatiya Nyaya Sanhita, be released on bail on his furnishing a personal bond with two sureties in the like sum to the satisfaction of the court concerned with the following conditions:- 5 (i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in 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) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicant 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. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient 6 cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- Sd/- (Ramesh Sinha) Chief Justice Arpan