1 2026:CGHC:27273 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4578 of 2026 Jaikishan Dhoba S/o Shri Bhagwati Prasad Aged About 20 Years Caste Dhoba R/o Village Turtura, P.S. Lailunga, District- Raigarh (C.G.) ...Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Lailunga, District- Raigarh (C.G.) ... Respondent For Applicant : Shri Rajendra Patel, Advocate. For Respondent/State : Shri Shubham Bajpai, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 02/07/2026 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No.50/2026 registered at Police Station Lailunga, District - Raigarh (C.G) for the offence punishable under GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2026.07.06 11:24:10 +0530 2 Section 70 of B.N.S. 2. Case of the prosecution, in brief, is that the victim has lodged a written report dated 16.02.2026 against the accused with the averment that she got introduced to a person named Prakash alias Rahul Paikra through mobile on December 2025, after that, he took her to the forest by promising to marry her and had physical relationship with her. After that, he took her to the forest four times for the same purpose on different occasions. On 14.02.2026, Rahul called complainant to come to Lailunga, then she and her friend reached Lailunga by bus from Pathalgaon. Co- accused Rahul was accompanied by his friend then they took complainant and her friend on his motorcycle to Sonajori and kept them in a house for some time. After that, all four of them sat on motorcycle and went inside the forest. Rahul along with his friend took Complainant alone to a deserted place inside the forest and had physical relationship with her, after that she got tired, so Rahul came to the other victim and said that your friend is tired, threatened her and also had physical relationship with her so on the basis of the said report the police registered FIR, arrested the applicant and co-accused and after completion of investigation chargesheet was filed. 3. Learned counsel for the applicant submitted that the victim who is a major girl was known to the co-accused Om Prakash Paikra. It is submitted that the applicant only accompanied Om Prakash Paikra on the date of the incident and he has not committed any 3 sexual assault on the victim. He would submit that the charge sheet has been filed in this case, the applicant is in jail since 17/02/2026 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application. He would submit that the victim has also stated in her 183 BNSS statement that the applicant was accompanying the co-accused Om Prakash Paikra and the applicant along with the said co-accused took the victim and her friend on a motorcycle in a jungle wherein the co-accused Om Prakash Paikra committed rape on the victim. He would further submit that the applicant is also wanted in a case crime no.51/2026 which was registered under the POCSO Act and other offences and the victim of the said case is a minor girl aged about 16 years and as per 183 BNSS statement, she has categorically stated that the applicant with his friend has committed rape on the victim. He would submit that there appears to be active participation of the applicant in the present case, as he has also taken the victim forcibly along with the co-accused, therefore considering the nature and gravity of offence, applicant is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts & circumstances of the case, submission of learned counsel for the parties, materials available on record, 4 considering the nature and gravity of the allegations, the statement of the victim recorded under Section 183 BNSS indicating the active involvement of the applicant in the commission of the offence, and the fact that the applicant is also involved in another case under the POCSO Act involving similar allegations, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. 7. Accordingly, the bail application of applicant Jaikishan Dhoba involved in Crime No.50/2026 registered at Police Station Lailunga, District - Raigarh (C.G) for the offence punishable under Section 70 of B.N.S., is rejected. 8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information. - Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri