1 2026:CGHC:22980 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4199 of 2026 Som Nirmalkar S/o Dilip Nirmalkar, Aged About 19 Years R/o -Village Rahoud Ward No. Bundela Police Station Shivrinarayan,- District- Janjgir - Champa (Description Mentioned As Per The Charge Sheet) ... Applicant versus State of Chhattisgarh through- the Station House Officer Police of Police Station Shivrinarayan, District- Janjgir-Champa C.G. ... Respondent For the applicant : Mr. Vivek Singhal, Advocate For the State : Ms. Deepeshwari Mahilwar, Panel Lawyer (Hon’ble Shri Justice Sanjay Kumar Jaiswal) Order on Board 14.05.2026 1. This is first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant in Crime No. 397/2025 registered at Police Station Shivrinarayan, District Janjgir Champa (CG) for the offences under Sections 70(2), 351(3), 61(2), 126(2) of BNS and Section 6 of POCSO Act, 2012 as also Sections 66(E), 67 of Information Technology Act. ALLENA ANNAJEE RAO Digitally signed by ALLENA ANNAJEE RAO Date: 2026.05.15 10:44:46 +0530 2 2. As per the prosecution case, on 09.09.2025, at about 1.00 to 1.30 PM, the victim alongwith her two male friends was going to Shivrinarayan on a motorcycle. At that time, the applicant and other accused who were coming on two motor cycles intercepted the victim and her colleagues; threatened and took them to a forest near the temple in front of Rahod. Thereafter, the applicant 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, offence was registered against the applicant and other co-accused for the aforesaid offence and during investigation, the applicants were arrested. 3. Learned counsel for the applicant submits that the victim and her father have been examined and they have turned hostile to the entire prosecution case, therefore, it was a case of false implication. He next submits that till date out of 47 witnesses, only two have been examined; the applicant is in jail since 16.10.2025 and there is no immediate possibility of disposal of the case, therefore, the applicant may be enlarged on bail. 4. Per contra, learned State Counsel opposes the bail application and submits that at the time of incident, the victim is minor. He further submits that the bail application of co-accused Uttam Pratam Khunte and Durgesh Kumar Sahish has been rejected by this Court on 02.02.2026 in MCRC No. 10460 of 2025 and the case of the present applicant is also on similar footing. 5. Learned counsel for the applicant submits that though the bail of co- accused has been rejected on 02.02.2026 but thereafter on 08.04.2026 the victim and her father have been examined before the trial Court where they have not supported the case of prosecution. 3 6. The Victim alongwith her father have appeared through VC from the concerned DLSA and expressed no-objection to grant bail to the applicant. 7. Having considered the submissions made by learned counsel for the parties and looking to the court statements of the victim and her father as also the long custody period of the applicant and the fact that the trial is yet to take time, without observing anything on the merits of the case, I am inclined to release the applicant on regular bail. 8. Accordingly, this bail application is allowed and the applicant is directed to be released on bail on his furnishing a bond in sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the trial Court for his appearance before the said Court as and when directed in that behalf. Cc as per rules. Sd/- (Sanjay Kumar Jaiswal) Judge Rao