1 2026:CGHC:22251 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4140 of 2026 1 - Dilip Mali S/o Pitar Mali Aged About 20 Years R/o Jashpur Kachhar, P.S. Kosir, Dist- Sarangarh-Bilaigarh (C.G.) 2 - Baghel Mali Alias Baghela S/o Horilal Mali Aged About 24 Years R/o Jashpur Kachhar, P.S. Kosir, Dist- Sarangarh-Bilaigarh (C.G.) 3 - Sagar Nishad S/o Santram Nishad Aged About 24 Years R/o Jashpur Kachhar, P.S. Kosir, Dist- Sarangarh-Bilaigarh (C.G.) ... Applicants versus 1 - State Of Chhattisgarh Through Police Station Kosir, Dist - Sarangarh- Bilaigarh (C.G.) ... Respondent For Applicants : Mr. Pragalbha Sharma, Adv. For State : Mr. Rohitashva Singh, Dy. G.A. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order on Board 12/05/2026 1. This is the second bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicants who have been arrested in connection with Crime No. 8/2026 registered at Police Station – Kosir, District Sarangarh-Bilaigarh (C.G.), for the offence punishable under Sections 137(2), 64(1), 64(2)(m), 96, 351(2), 61(2)(A) of BNS and Sections 4, 6 and 17 of POCSO Act. 2. The first bail application of the applicants was dismissed on merit by this Court on 30.03.2026 in MCRC No. 2538/2026. 3. there are total 4 accused persons in this case. The prosecution’s HEERA LAL SAHU Digitally signed by HEERA LAL SAHU Date: 2026.05.12 15:57:39 +0530 2 case, in short, is that on 08.01.2026, co-accused Yogesh Mali taken the victim to the house of applicant Sagar Nishad and committed forcible sexual intercourse with her there. The allegation against the applicants Dilip and Baghel is that they assisted co-accused Yogesh in the crime in question. Based on this, offence has been registered against the present applicants. 4. Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in this case. He further submits that at the time of dismissal of the first bail application, the applicant's trial had not commenced. Now, one witness i.e., the victim, has been examined out of 21 listed witnesses. He also submits that the main offence was allegedly committed by co-accused Yogesh Mali, and the present applicants were not involved in the said commission of the crime. The victim, in her court statement, has categorically admitted to being in regular telephonic communication with the main accused, Yogesh Mali, prior to the date of the incident, and also stated that all the present applicants/accused were merely sitting outside of the house. The applicants Dilip and Baghel are in jail since 12.01.2026 and applicant Sagar is in jail since 13.01.2026, and the trial is likely to take considerable time to conclude. Therefore, he prays for the grant of regular bail to the applicants. 5. On the other hand, learned counsel for the State opposed the bail application and submits that the victim was minor at the time of the incident and the applicants supported the main accused to commit the said crime; therefore, they are equally liable for the said crime. As such, they are not entitled to be enlarged on bail. 6. The victim and her father appeared through V.C. from the concerned DLSA and raised objection to grant of bail to the applicants. 7. I have heard learned counsel appearing for the parties and perused the case diary. 3 8. Considering the facts and circumstances of the case and also considering the fact that main allegation is against one co- accused Yogesh, only 1 witness i.e. the victim has been examined till date out of 21 listed witnesses and the applicants are in custody since 12.01.2026 and 13.01.2026, the trial is likely to take considerable time, therefore, at this stage, without commenting on merits of the case, I am inclined to release the applicants on bail. 9. Accordingly, the application is allowed and it is directed that the applicants shall be released on bail on their furnishing a personal bond in the sum of Rs. 25,000/- each with one surety in the like sum to the satisfaction of the trial Court. The applicants are directed to appear before the trial Court on each and every date to be given to them by the said Court till disposal of the trial. It is made clear that any observation made by this Court in this order shall not affect the trial of the case. 10. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Sanjay Kumar Jaiswal) Judge H.L. Sahu