1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2538 of 2026 1 - Dilip Mali S/o Pitar Mali Aged About 20 Years R/o Jashpur Kachhar, P.S. Kosir, Dist- Sarangarh-Bilaigarh (C.G.) 2 - Baghel Mali Alias Baghela S/o Horilal Mali Aged About 24 Years R/o Jashpur Kachhar, P.S. Kosir, Dist- Sarangarh-Bilaigarh (C.G.) 3 - Sagar Nishad S/o Santram Nishad Aged About 24 Years R/o Jashpur Kachhar, P.S. Kosir, Dist- Sarangarh-Bilaigarh (C.G.) ... Applicants versus State of Chhattisgarh Through The Police Station Kosir, Dist- Sarangarh- Bilaigarh (C.G.) ... Respondent For Applicant : Mr. Pragalbha Sharma, Adv. For Respondent/State : Mr. Kanhaiya Ram Yadav, P.L. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order On Board 30/03/2026 1. The victim and her father appeared virtually and recorded ‘objection’ in granting bail to the applicant. 2. The applicant has preferred this 1st bail application under Section 483 of Bhartiya Nagrik Suraksha Sanhita Act 2023 for grant of regular bail as he is arrested in connection with crime No. 8/2026, registered at Police Station – Kosir, District- Sarangarh-Bilaigarh (C.G.) for offence punishable under Sections 137(2), 64(1), 64(2)(m), 96, 351(2) & 61(2) (A) of BNS and Sections 4, 6 & 17 of the POCSO Act, 2012. SHUBHAM SINGH RAGHUVANSHI Digitally signed by SHUBHAM SINGH RAGHUVANSHI Date: 2026.03.30 18:12:47 +0530 2 3. In this case there are total 4 accused persons. The prosecution's case, in short, is that on 08.01.2026, co-accused Yogesh Mali taken the victim to the house of applicant Sagar Nishad and committed forcible sexual intercourse with her there. The allegation against applicants Dilip and Baghel is that they assisted co-accused Yogesh in the crime in question. Based on above, offence has been registered against the applicants and they were arrested. 4. Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the crime in question. The main accused is Yogesh Mali. There is no evidence available on record against the applicants. Applicants Dilip and Baghel are in jail since 12.01.2026 and applicant Sagar is in jail since 13.01.2026. The charge- sheet has been filed, the trial is not commenced and is likely to take time to be finalized, therefore, it is prayed that the applicants may be enlarged on bail. 5. Per contra, learned Counsel appearing on behalf of the State opposes the bail application and submits that at the time of incident, the victim was minor and she has supported the case of prosecution in her statement recorded u/s 183 of BNSS. The FSL report is also positive, therefore, looking to the nature of offence, the applicants may not be released on bail. 6. I have heard learned Counsel appearing for the parties and perused the material available on record. 7. Considering the facts and circumstances of the case and evidence collected by the prosecution against the applicants. Further considering the fact that the trial is not commenced till date, without commenting on merits of the case, I am not inclined to release the applicants on bail. 8. Accordingly, the bail application is rejected. Sd/- (Sanjay Kumar Jaiswal) Judge Shubham