1 CGHC010231502026 2026:CGHC:28325 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5729 of 2026 1 - Khagendra @ Som Gond S/o Santkumar Gond Aged About 19 Years R/o Rahod Bazar, P.S. Shivrinarayan, District Janjgir-Champa Chhattisgarh ... Applicant versus 1 - State Of Chhattisgarh Through Station House Officer, P.S. Shivrinarayan, District Janjgir-Champa Chhattisgarh ... Respondent For Applicant : Mr. Atul Kumar Kesharwani, Advocate For Respondent/State : Ms. Deepa Singh, P.L. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order On Board 08/07/2026 1. The victim along with her father appeared before this Court today through virtual mode from the concerned DLSA and expressed no-objection in granting bail to the applicant. 2. This is the first bail application filed u/s 483 of BNSS, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No.397/2025 registered at Police Station P.S. Shivrinarayan, District Janjgir-Champa (CG) for the offence BHOLA NATH KHATAI Digitally signed by BHOLA NATH KHATAI Date: 2026.07.09 14:56:54 +0530 2 punishable under Sections 70(2), 351(3), 61(2)(a), 126(2), 76, 115(2), 309(6), 308(4) of BNS, 66E, 67, 67A, 67B of IT Act and Sections 6, 14(1) & 15(1)(2) of POCSO Act. 3. According to the prosecution, on 09.09.2025, the minor victim along with her two male friends was going to Shivrinarayan on a motorcycle. At that time, the applicant and other co-accused who were coming on two motor cycles, intercepted the victim and her collegues, threatened them and took them to a nearby forest. The applicant along with other co-accused are alleged to have beaten the friends of the victim and committed sexual intercourse with the victim one by one, making a video of it. On report being lodged in this regard, the applicant was arrested on 11.09.2025. 4. Learned counsel for applicant submits that the applicant is innocent and has been falsely implicated in this case. He submits that the victim has been examined before the trial Court and she has not supported the case of prosecution and turned hostile. The victim and her father have also expressed their no-objection in granting bail to the applicant. It is submitted that co-accused, Som Nirmalkar, has already been enlarged on bail by this Court vide order dated 14.05.2026 in M.Cr.C. No.4199/2026. Therefore, on the ground of parity, the applicant is also entitled to be released on bail. He further submits that out of total 47 prosecution witnesses, only four have been examined so far, the applicant is in jail since 11.09.2025 and there is no likelihood of the trial to be concluded at the earliest. Hence, considering all these facts, the applicant may be released on bail. 5. Learned State counsel, on the other hand, opposing the bail application submits that the victim was minor at the time of incident and considering the nature of offence, the applicant does not deserve to be released on bail. 6. Heard learned counsel for the parties and perused the case diary. 3 7. Taking into consideration the entire facts and circumstances of the case, particularly the court statement of the victim and also considering the fact that the victim and her father have expressed no-objection in granting bail to the applicant, co-accused, Som Nirmalkar, has already been granted bail by this Court and the case of the applicant stands on the same footing, out of total 47 prosecution witnesses only four have been examined so far, the applicant is in jail since 11.09.2025 and there is all possibility of the trial taking considerable time for its conclusion, this Court is of the opinion that a case for grant of bail to the applicant has been made out. 8. Accordingly, the application for grant of bail is allowed. It is directed that the present Applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court. The applicant is directed to appear before the trial Court on each and every date to be given to him by the said Court till completion of the trial. 9. Let a certified copy of this order be sent to the trial Court concerned for necessary information. Sd/- (Sanjay Kumar Jaiswal) JUDGE Khatai