1 2026:CGHC:5732 HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 10461 of 2025 1 - Ritesh Dhurwey S/o Navalu Dhurwey Aged About 20 Years R/o Niwaspur, P.S. Rengakhar, District - Kabirdham (C.G.). 2 - Durgesh S/o Chamra Markam Aged About 23 Years (Wrongly mentioned as Chamra Vishwarkama), R/o Niwaspur, P.S. Rengakhar, District - Kabirdham (C.G.) --- Applicants versus State of Chhattisgarh through P.S. Rengakhar, District - Kabirdham (C.G.) --- Respondent MCRC No. 10500 of 2025 Bhuneshwar Dhurwey S/o Bisnath Dhurwey Aged About 22 Years R/o Niwaspur, P.S. Rengakhar, District - Kabirdham Chhattisgarh --- Applicant Versus State of Chhattisgarh through P.S. Rengakhar, District - Kabirdham Chhattisgarh --- Respondent For the applicants : Mr. Sudeep Agrawal, Advocate For the State : Mr. Karan Kumar Bahrani, Panel Lawyer ALLENA ANNAJEE RAO Digitally signed by ALLENA ANNAJEE RAO Date: 2026.02.03 16:05:57 +0530 2 (Hon’ble Shri Justice Sanjay Kumar Jaiswal) Order on Board 02.02.2026 1. These are two first bail applications filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicants in Crime No. 27/2025 registered at Police Station Rengkhar, District Kabirdham (CG) for the offences under Sections 296, 115(2), 351(3), 74, 3(5) of BNS and Section 8 of the POCSO Act. 2. (i) As per the prosecution case, the three accused applicants Bhuneshwar, Ritesh and Durgesh abused and threatened to kill the victim and the complainant’s nephew, assaulted them and molested the victim girl by holding her hand with the intention of outraging her modesty. (ii) On 23.10.2025 father of the victim has filed a written report stating on 18.10.2025, his minor daughter was going to see Baherakhara Nacha in the night at about 03.00 p.m., along with her aunt and the daughter of the younger brother of the complainant. When she had reached near the school at about 3.15 a.m., she met the victim’s maternal uncles’s son with his friend. On being told by him that he would drop them on the motorcycle, his friend made the complainant’s sister and niece sit on the motorcycle and went to drop them at Baherakhara. The victim and the complainant’s nephew were stopped there and applicants Bhuneshwar, Ritesh and Durgesh came there on motor cycle and said to the victim and the complainant’s nephew that you people have stopped to do wrong things, abused them with obscene language about their mother and sister and slapped them. Thereafter accused Bhuneshwar made the victim sit on his motor cycle, took her to Bhelwahi forest and dragged her saying that he would do wrong things and further treated to kill her if she discloses the incident to anyone. The victim some how freed her hand and came on the road. At the same time Uttam Meravi, who was on a motorcycle, stopped his daughter and when she told about the incident, Bhuneshwar ran away from there and Uttam took the victim home. On 21.10.2025, when a meeting was held in the village regarding this matter, the three boys said nothing and their family members supported the applicants. Based on the said report, FIR was registered against the applicants. 3 3. Learned counsel for the applicant submits that no such incident took place on 18.10.2025 and due to hostile relationship between the family of the applicants and the victim, the applicants have been falsely implicated in this case. He further submits that the applicants are in jail since 24.01.2025 and till date out of a total 23 witnesses, only 1 has been examined and there is no immediate possibility of disposal of case, therefore, the applicants may be enlarged on bail. 4. Per contra, learned State Counsel opposes the bail application and submits that there is eye-witness to the incident and these applicants have committed the crime with common intention. 5. The victim along with her father appeared through VC from the concerned DLSA and raised objection to grant bail. 6. Having considered the submissions made by learned counsel for the parties and since according to prosecution case, the main allegations are ascribed to applicant Bhuneshwar Dhurwey that he has tried to outrage the modesty of the victim and not the applicants Ritesh Dhurwey and Durgesh, I am inclined to release the applicants Ritesh Dhurwey and Durgesh on bail. 7. Accordingly, MCRC No. 10461 of 2025 is allowed and applicants Ritesh Dhurwey and Durgesh are directed to be released on bail on each of them furnishing a bond in sum of Rs.25,000/- with one surety each in the like sum to the satisfaction of the trial Court for their appearance before the said Court as and when directed in that behalf. 8. So far as MCRC No. 10500/2025 is concerned, since the main allegations are against applicant Bhuneshwar, his bail application is rejected. Cc as per rules. Sd/- (Sanjay Kumar Jaiswal) Judge Rao