1 2026:CGHC:8448 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 975 of 2026 1 - Nayan Sahu S/o Shri Manharan Aged About 21 Years R/o Vill. Piparhatta, P.S. Mandir Hasaud, District Raipur (C.G.) 2 - Devcharan Dhivar S/o Shri Bhuneshwar Dhivar Aged About 22 Years R/o Vill Umariya, P.S. Mandir Hasaud, District Raipur (C.G.) ... Applicants Versus 1 - State Of Chhattisgarh Through- The Station House Officer, Police Station Mandir Hasaud, District Raipur (C.G.) ... Non-Applicant For Applicants : Mr. Pushpendra Kumar Patel, Advocate For Non-Applicant : Mr. Ajay Kumrani, Panel Lawyer SB: Hon'ble Shri Parth Prateem Sahu, Judge ORDER ON BOARD 17/02/2026 1. This is the second bail application. The first bail application was dismissed as withdrawn vide order dated 02.01.2026 in M.Cr.C. No. 10259/2025. 2. This second bail application is filed by the applicants under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as they have been arrested in connection with Crime No. 524/2023 registered at Police Station – Mandir Hasaud, District – Raipur, Chhattisgarh for the offences punishable under Sections 341, 294, 506, 323, 354, 354 (a), 354 (b), 354 (d), 363, 365, 394, 395, 397, 376 (d), 376 (d) (a), 342, 201, 326 of the Indian Penal Code, 1860 and under Section 2 4 & 6 of the Protection of Children from Sexual Offences (POCSO) Act, 2012 and under Sections 25 & 27 of the Arms Act, 1959. 3. Case of prosecution is that, the complainant lodged written report in concerned police station mentioning that on 31.08.2023, while she along with her fiance Manish and minor sister was going to Aamaseoni from village Chhatona, on the way at about 8:30 p.m., 7-8 boys followed them, forcibly stopped them at lonely place; one of co-accused persons put knife on the neck of her fiance Manish and threatened for life; co-accused Sonu took her near a tree, threatened her and forcibly committed sexual intercourse with her. Thereafter, another boy came and committed sexual intercourse with her. Accused Sonu forcibly took her younger sister also with him and after his coming back, the boys one after another went there. After half-an hour, her sister came crying and then Manish was released. Accused persons gave key of their scooty and threatened them not to disclose the incident to anyone else they will get them murdered. Accused persons were 8-10 in numbers and they were armed with deadly weapons like knife. While they were going home, her sister disclosed that about 8-10 boys have committed rape with her and she complained of pain in her stomach. On account of assault by accused persons, Manish suffered injuries on his cheeks and face. Manish told her registration number of two motorcycles. Based on said report, aforementioned crime was registered against applicant and other accused persons. Applicants were arrested on 01.09.2023. 4. Learned counsel for the applicants submit that applicants are innocent, they have been falsely implicated in the crime. They have not committed any offence as alleged. Allegation of victims that they were subjected to forcible sexual intercourse by about 8-10 boys. During course of trial PW- 14 doctor, who medically examined the victims, has stated in her statement before trial Court that she did not notice any sign of recent 3 sexual intercourse or injury of mark on the victims; if the victims were subjected to sexual intercourse by 8-10 boys, there must be some sign of injury on their person, but she has not noticed any injury over their private part. Hence, the allegations levelled by victims are prima facie false. 5. He further contended that out of 52 witnesses, only 21 material witnesses have been examined till date. He submits that the co-accused person namely, Krishnakant Sahu has been enlarged on bail by this Court in MCRC No. 8952/2024 vide order dated 13.01.2025. Applicants are in jail since 01.09.2023, trial is likely to take sometime. Hence, they may be enlarged on bail. 6. On the other hand, learned State counsel opposes the submission made by counsel for the applicants and would submit that there are specific allegations against the applicants and other co-accused persons that they had forcibly committed sexual intercourse with the victims. 7. Notice sent to the victim is reported to be served. However, there was no representation on behalf of the complainant/victim on the last date fixed i.e. 12.02.206 and the case was adjourned for today. Today also, there is no representation on behalf of the complainant/victim. 8. I have heard learned counsel for the respective parties and perused the documents filed along with the bail application. 9. Taking into consideration, facts and circumstances of the case, nature of allegations, submission of learned counsel for the respective parties in particular considering that the there are as many as 52 witnesses out of which, only 21 witnesses have been examined and co-accused person namely, Krishnakant Sahu has been enlarged on bail in MCRC No. 8952/2024 vide order dated 13.01.2025, documents enclosed along with the bail application, trial is likely to take sometime, without commenting anything on merits of the case, I am inclined to allow this application for grant of bail. 4 10. 4 10. Accordingly, the bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is allowed and it is directed that applicants shall be released on bail upon their furnishing a personal bond in the sum of Rs. 25,000/- with one surety each in the like sum to the satisfaction of Trial Court concerned on the conditions that: (a) The applicants shall file an undertaking to the effect that they 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. (b) The applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (c) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (d) 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. If in the opinion of the trial court absence of the applicants is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against them in accordance with law. 11. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Certified copy as per rules. Sd/-- (Parth Prateem Sahu) Judge Dey SHUBHAM DEY Digitally signed by SHUBHAM DEY