1 2026:CGHC:22979 HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3886 of 2026 Seva Ram Dhimar S/o Late Thanwar Dhimar Aged About 66 Years R/o Karanja Bhilai, Near Nutan Das Grocery Shop, Chowki Jewra Sirsa, Police Station - Pulgaon, District - Durg Chhattisgarh ... Applicant versus State of Chhattisgarh through Police Station - Pulgaon, O.P Jewra Sirsa, District- Durg, Chhattisgarh. ... Respondent For the applicant : Mr. Aman Pandey, Advocate For the State : Mr. Rohitashwa Singh, Dy. Govt. Advocate (Hon’ble Shri Justice Sanjay Kumar Jaiswal) Order on Board 14.05.2026 1. This is third bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant in Crime No. 252/2025 registered at Police Station Pulgaon, District Durg (CG) for the offences under Sections 74, 76 of BNS and Sections 10, 12 of POCSO Act, 2012. 2. The first bail application was rejected by order dated 27.03.2026 passed in MCRC No.2338 of 2026 on the ground that the charge sheet was not filed. The second bail application was dismissed as withdrawn. 3. As per the prosecution case, on 04.07.2025 the mother of victim lodged a complaint on 03.07.2025 that she had gone to work and when she returned home at 5 PM, her elder daughter aged about 17 years ALLENA ANNAJEE RAO Digitally signed by ALLENA ANNAJEE RAO Date: 2026.05.15 10:45:27 +0530 2 disclosed that the applicant had called her at 12.30 PM and asked her to bring water for bathing. She brought the bucket of water, left it at applicant’s house and returned home. Then applicant called her younger sister, the second victim, aged about 15 to his house and started pulling her clothes. When the elder sister went to applicant’s house to take back her sister, the applicant left her younger sister’s clothes and started outraging her modesty. She then went and narrated the incident to her grand father that the applicant had outraged her modesty. On such report, a crime was registered and the applicant has been arrested. 4. Learned counsel for the applicant submits that the applicant is an old and infirm person of 66 years of age at the time of incident and his medical condition is very poor. He is in jail since the date of arrest i.e., 05.07.2025. Till date, out of total 22 prosecution witnesses, only 4 have been examined and there is no immediate possibility of conclusion of case, therefore, looking to the long custody and poor health condition of the applicant, he may be enlarged on bail. 5. Per contra, learned State Counsel opposes the bail application and submits that at the time of incident, both the victims were minors; they are mentally retarded and the applicant had tried to outrage their modesty. 6. On 07.05.2026, the Victim alongwith her mother have appeared through VC from the concerned DLSA and raised objection to grant bail to the applicant. 7. Having considered the submissions made by learned counsel for the parties; the over all facts and circumstances of the case especially looking to the long custody period of the applicant as he is stated to be in jail since 05.07.2025 and the age and poor health of the applicant as also the fact that the trial is yet to take time, I am inclined to release the applicant on regular bail at this stage. 3 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