1 2026:CGHC:5114 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 988 of 2026 1 - Babee Banjare S/o Shri Girdhari Banjare Aged About 25 Years (Wrongly Mentioned In Bail Order As Boby Banjare) R/o Ambedkar Chowk Gatoura, P.S. Masturi, District Bilaspur, Chhattisgarh. ... Applicant(s) versus 1 - State Of Chhattisgarh Through Station House Officer, Police Station Torwa, District Bilaspur, Chhattisgarh. ... Non-applicant(s) For Applicant(s) : Mr. Shiv Sewak, Advocate. For Non-applicant(s) : Mr. Vinod Tekam, Govt. Advocate. Hon'ble Shri Justice Ravindra Kumar Agrawal, J. Order on Board 29/01/2026 1. This is the second bail application of the applicant. The first bail application of the applicant has been dismissed as withdrawn vide order dated 20.11.2025 passed in MCRC No. 8198/2025. At the time when the first bail application was withdrawn, no liberty was granted to the applicant. 2. The applicant who is an accused and arrested on 27.07.2025 for the offence of Crime No. 318/2025 registered at Police Station Torwa, District Bilaspur under Section 74, 75 (1)(i), 3(5) of Bharatiya Nyaya Sanhita, 2023 and ALOK SHARMA Digitally signed by ALOK SHARMA Date: 2026.01.30 10:52:45 +0530 2 Section 8 and 12 of POCSO Act. 3. The case of the prosecution is that the victim has suffered the offence of outraging her modesty by the accused persons for which she lodged a report to the police and an FIR has been registered. The statement under Section 183 of BNSS, 2023 of the victim and under Section 180 of BNSS, 2023 of the other witnesses have been recorded and after completion of the investigation charge-sheet was filed before the learned trial Court in which the applicant is facing trial. 4. Learned counsel for the applicant would submit that though the first bail application is dismissed as withdrawn, however, the merits of the case has not been considered. The victim and other material witnesses have been examined before the learned trial Court and there are material omissions and contradictions in their evidence. There is no prima-facie sufficient material against the applicant that he committed the offence. He would further submits that till date only 5 witnesses have been examined out of total 16 witnesses. The final adjudication of the trial will take its own time, the applicant is in jail since 27.07.2025, therefore, he may be enlarged on bail. 5. On the other hand, learned counsel for the State opposes and submitted that on the report made by the victim the FIR was registered and on the basis of CCTV footage the applicant and the accused persons were identified and they have been arrested. The accused persons were put to test identification parade in which the victim has duly identified the accused persons. The trial of the case is in progress and 5 witnesses have been examined. The first bail application of the applicant has been dismissed as withdrawn, therefore, he is not entitled to be released on bail. 6. I have heard the learned counsel for the parties and perused the material and case diary. 7. Considering the submissions made by learned counsel for the parties, 3 considering the nature of allegation and the material collected during investigation further considering the 183 BNSS, 2023 statement of the victim, further considering that the first bail application of the applicant has been dismissed on 20.11.2025 and before that the victim has already been examined as PW-1 on 23.09.2025, I do not consider to be any change in circumstances. 8. Accordingly, the second bail application of the applicant Babee Banjare is rejected. Sd/- (Ravindra Kumar Agrawal) Judge Alok