1 2026:CGHC:26661 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3028 of 2026 Mahesh Ram S/o - Harsai Aged About 18 Years And 9 Months, R/o Village Dandpani, P.S.- Kansabel, District Jashpur, C.G. Present Address- Village Tolge, P.S.- Lailunga, District- Raigarh, C.G. --- Applicant versus State Of Chhattisgarh Through District Magistrate Raigarh, District – Raigarh (C.G.) --- Non-applicant along with MCRC No. 4128 of 2026 Kishan Sidar S/o Dhobilal Sidar Aged About 21 Years R/o- Village Tolge, P.S.- Lailunga, District Raigarh (C.G.) ---Applicant Versus State Of Chhattisgarh Through District Magistrate Raigarh, District – Raigarh (C.G.) ... Non-applicant For Applicants : Mr. Ashutosh Mishra, Advocate. For Non-applicant/State : Ms. Ritika Verma, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 30.06.2026 1. This is the First bail application filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the applicants arrested in connection with Crime No. 293/2025 registered at Police Station – Lailunga, District – Raigarh (C.G.) for the offence punishable under Sections 126(2), 115(2), 351(2) and 75(1) of the BNS and Section 11(4) read with Section 12 of the POCSO Act. RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 2. As per the prosecution’s story, on 06.11.2025, the victim and her friend had gone to see fair/mela with Vikas Tigga and Vinod Tigga. It is alleged that when they were returning back from there, four persons came near Jambahar Dam and stopped them thereafter one Ajay Agariya committed sexual intercourse with her. On the basis of aforesaid FIR, investigation was initiated and charge-sheet was filed against the applicant. Hence, this application. 3. Learned counsel for the applicants submits that the applicants have been falsely implicated in this case. He submits that one of co- accused has been granted bail by this Court in MCRC No.2394/2026 on 13.03.2026. It is submitted that out of 13 prosecution witnesses, only 9 witnesses have been examined by the trial Court, therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, the learned State Counsel opposes the bail application of the present applicants and submits that though the co-accused has been granted bail by this Court but the case of the applicants is distinguishable from that of the co-accused, as the applicants along with the other associates, committed forcible sexual intercourse with the victim against her will and without her consent, meanwhile the remaining accused persons allegedly caught hold of her hands and legs and facilitated the commission of the offence, and therefore, the bail application deserves to be rejected. 5. I have heard learned counsel appearing for the parties and perused the case diary. 3 6. Considering the aforesaid facts and circumstances of the case, particularly the serious and grave nature of the allegations against the applicants, their active participation in the alleged gang rape, and further though one of the co-accused has been granted bail by this Court but the case of the applicants is distinguishable from that of the co-accused, as the applicants along with the other associates, committed forcible sexual intercourse with the victim against her will and without her consent, meanwhile the remaining accused persons allegedly caught hold of her hands and legs and facilitated the commission of the offence. Therefore, looking to the gravity of the offence and the manner in which it was allegedly committed, this Court is of the opinion that the applicants are not entitled to be granted bail in this case. 7. Accordingly, this bail application of applicants – Mahesh Ram and Kishan Sidar, involved in Crime No. 293/2025 registered at Police Station – Lailunga, District – Raigarh (C.G.) for the offence punishable under Sections 126(2), 115(2), 351(2) and 75(1) of the BNS and Section 11(4) read with Section 12 of the POCSO Act, is rejected at this stage. 8. Needless to say that the trial Court concerned is at liberty to proceed with the trial and conclude the same, expeditiously. 9. Let a certified copy of this order be sent to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rajshekhar