1 2026:CGHC:1712 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 10027 of 2025 1 - Rajkumar Bisai S/o Raghunath Bisai, Aged About 24 Years, Caste Sundi R/o Bastar Bhatipara Thana Bastar Distt. Bastar C.G. ... Applicant versus 1 - State Of Chhattisgarh Through P.S. Bastar District Bastar, C.G. ... Respondent For Applicant : Mr. Vikash A. Shrivastava, Advocate. For State/Respondent : Mr. Shubham Bajpai, P.L. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order on Board 12/01/2026 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 24/2025 registered at Police Station - Bastar, District Bastar (C.G.), for the offence punishable under Sections 296, 115(2), 351(2), 3(5), 74 of BNS and Section 8 of POCSO Act. 2 2. Case of the prosecution, in brief, is that, the mother of the prosecutrix lodged an FIR against the present applicant, alleging that on 14.02.2025 her daughter had gone to her maternal village, Mahupalbari, to celebrate Dihari. On her way to return home, she met an acquaintance, Kunal Sen, who offered to drop her home, as his route was the same. When they reached Bastar, where a fair was being held, they fell off the bike. Kunal took the prosecutrix to his friend's place to clean her clothes. The applicant then called Kunal, inquiring about the prosecutrix's whereabouts, and threatened Kunal. Subsequently, Rajkumar Bisai, Parmeshwar Sethia, and another friend arrived, and the applicant attempted to assault the prosecutrix. When she resisted, he kicked and assaulted her private parts. Later, sister-in-law of Rajkumar Bisai, Basanti Bisai, and her mother, Daya Mani Bisai, arrived and assaulted the prosecutrix. The prosecutrix managed to inform her father, but her phone was snatched and switched off. The family took two hours to reach the scene, during which the prosecutrix was tortured and threatened to death if she disclosed the incident. Based on the said complaint, the FIR was registered against the applicant and other co- accused persons. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated, with 3 no connection to the alleged offense. It is submitted that the FIR was lodged on 15.02.2025, under Sections 296, 115(2), 351(2), and 3(5), against the applicant and others. Later, on 19.08.2025, the prosecutrix's mother wrote to the SP, alleging new facts, leading to the addition of Section 78 of the BNS and Section 8 of the POCSO Act. The applicant was arrested, and a supplementary charge sheet was filed. He further submits that the MLC shows no injury to the prosecutrix's private parts. The other three co-accused persons have already been granted bail. The applicant has no criminal antecedent and has been in jail since 14.11.2025 and and the trial is likely to take considerable time to conclude. Therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, learned counsel for the State opposed the bail application, submitting that considering the nature and gravity of the offence, the applicant should not be released on bail. 5. Today, victim along with her father appeared virtually from the concerned DLSA and raised her objection in granting bail to the applicant. 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. Considering the facts and circumstances of the case, the 4 nature and gravity of the offence, and also taking into account that the other three co-accused persons have already been granted bail, the applicant is in jail since 14.11.2025, and the trial is likely to take considerable time to conclude, therefore, without commenting anything on merits, I find it appropriate to release the applicant on bail. 8. Accordingly, the application is allowed and it is directed that the applicant shall be released on bail on his furnishing a personal bond in the sum of Rs. 25,000/- with one surety in the like sum to the satisfaction of the trial Court. Applicant is directed to appear before the trial Court on each and every date to be given to him by the said Court till disposal of the trial. It is made clear that any observation made by this Court in this order shall not affect the trial of the case. 9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Sanjay Kumar Jaiswal) Judge Sourabh P.