1 2026:CGHC:5751 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 10460 of 2025 1 - Uttam Pratam Khunte S/o Mahendra Kumar Khunte, Aged About 19 Years, R/o Bilari Ward No. 19 Talapara, P.S. - Shivrinarayan, District : Janjgir-Champa, Chhattisgarh. 2 - Durgesh Kumar Sahish (Correctly Mentioned) S/o Vishnu Sahish, Aged About 19 Years, R/o Village Rahod Teh Pamgarh, District : Janjgir-Champa, Chhattisgarh. ... Applicants versus 1 - State Of Chhattisgarh Through Station House Officer, P.S.- Shivrinarayan, Janjgir-Champa, Chhattisgarh. ... Respondent For Applicants : Mr. Aishwarya Dubey, Adv. appeared through Video Conferencing. For Respondent/State : Mr. Aman Tamboli, P.L. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order on Board 02 / 02 / 2026 1. The accused/applicants have moved this first bail application under Section 483 of BNSS, 2023, for releasing them on regular bail during trial in connection with Crime No. 397/2025 registered at Police Station – Shivrinarayan, District –Janjgir- Champa (C.G.) for the offence punishable under Sections 70(2), SOURABH PATEL Digitally signed by SOURABH PATEL Date: 2026.02.02 17:00:56 +0530 2 351(3), 61(2), 126(2) of BNS and Section 66(E) & 67 of IT Act and Section 4 of POCSO Act. 2. The case of the prosecution, in brief, is that on 09.09.2025, at about 01:00-01:30 PM, the victim, along with her two male friends, was going to Shivrinarayan on a motorcycle. At the same time, the applicants, along with other co-accused, stopped them on two motorcycles, threatened them, and took them to the forest near the temple in front of Rahod. Thereafter, the applicants, along with other co-accused, beat the victim's two friends and raped the victim one by one, making a video of it. On 10.09.2025, in the morning, the victim told her parents about the incident and came to Shivrinarayan police station to lodge a report about the said incident. On the basis of the said complaint, an offence was registered against the applicants and other co-accused for the aforesaid offence, and during investigation, the applicants were arrested. 3. Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the case. He further submits that the initial FIR only mentions quarrel and loot, with no allegation of rape, and it was only on the next day that a second FIR alleging rape was filed. He also points out that there is no FSL report and no specific allegation regarding the video being recorded. The evidence collected by the prosecution is prima facie insufficient to establish the applicants' guilt. The applicants have no criminal antecedents and have been in jail since 11.09.2025. There is no likelihood of their case being 3 decided in the near future, therefore, the present applicants may be released on bail. 4. On the other hand, the learned State counsel opposes the bail application, submitting that at the time of the incident, the victim was a minor and the applicants, along with other co- accused, committed rape of the victim. The FSL report is awaited, and in the TIP, the victim identified the applicants and other co-accused. Therefore, considering the nature and gravity of the offence, the applicants may not be released on bail. 5. The father of the victim appeared in person before this Cour today and raised his objection in granting bail to the applicants. 6. I have heard learned counsel for the parties and perused the case diary. 7. Considering the entire facts and circumstances of the case, particularly looking to the material available on record and the evidence against the applicants, I am not inclined to release the applicants on bail. 8. Accordingly, the bail application filed under Section 483 of BNSS, 2023 is rejected. 9. Office is directed to sent a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Sanjay Kumar Jaiswal) Judge Sourabh P.