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2026 DAILYLAW 10638 (CHH)

RAMESH BHOYE v. STATE OF CHHATTISGARH

MCRC/3599/2026 · 2026-05-05

Shri Sanjay Kumar Jaiswal

body2026

Judgment text

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1 2026:CGHC:21172 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3599 of 2026 Ramesh Bhoye S/o Shri Indrajeet Bhoye Aged About 22 Years R/o Village- Naharkela, Police Station - Lailunga District- Raigarh Chhattisgarh ... Applicant versus State Of Chhattisgarh Through Station House Officer Police Station - Lailunga District- Raigarh Chhattisgarh ... Respondent For Applicant : Mr. Abhishek Saraf, Advocate For Respondent/State : Mr. Raj Kumar Sahu, P.L. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order On Board 06/05/2026 1. On 30.04.2026, the victim along with her father appeared before this Court through virtual mode from the concerned DLSA and raised objection in granting bail to the applicant. 2. This is the first bail application filed u/s 483 of BNSS, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No.292/2025 registered at Police Station BHOLA NATH KHATAI Digitally signed by BHOLA NATH KHATAI Date: 2026.05.07 10:48:14 +0530 2 Lailunga, District- Raigarh (CG) for the offence punishable under Sections 115(2), 61(2)(a), 70(2) of BNS & Section 6 of POCSO Act. 3. As per the prosecution case, the allegation against the applicant is that he, along with 3 other accused persons, in furtherance of their common intention, forcibly committed gang rape on the victim who was below 18 years. On report being lodged in this regard, the applicant was arrested on 08.11.2025. 4. Learned counsel for applicant submits that the applicant is innocent and has been falsely implicated in this case. He submits that co-accused Vikas Kumar Bhagat has already been granted bail by this Court vide order dated 02.04.2026 in MCRC No.2595/2026. He further submits that out of total 24 witnesses only 8 including the victim have been examined so far, the applicant is in jail since 08.11.2025 and there is no likelihood of the trial to be concluded at the earliest. Hence, considering all these facts, the applicant may be released on bail. 5. Learned State counsel, on the other hand, opposing the bail application submits that the victim was minor at the time of incident and has supported the case of prosecution in her court statement. He further submits that during the identification parade, the victim identified the applicant as one of the persons who committed the incident, therefore, his case is distinguishable from that of co-accused Vikas Kumar Bhagat who was granted 3 bail by this Court. Hence, considering the nature of offence, the applicant does not deserve to be released on bail. 6. Heard learned counsel for the parties and perused the case diary. 7. Taking into consideration the entire facts and circumstances of the case, particularly the court statement of the victim, the nature and gravity of offence and the material collected and available on record against the applicant and also considering that the case of the applicant is distinguishable from that of co-accused Vikas Kumar Bhagat who has been granted bail, this Court is not inclined to release the applicant on bail. 8. Accordingly, the present bail application stands rejected. 9. The Registry is directed to send a certified copy of this order to the trial Court concerned for necessary information. Sd/- (Sanjay Kumar Jaiswal) JUDGE Khatai