1 CGHC010235132026 2026:CGHC:32388 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5672 of 2026 Rajkumar S/o Rajesh Aged About 20 Years R/o Sanjay Nagar, P.S. - Balco Nagar, Tehsil And District - Korba, Chhattisgarh. --- Applicant versus State Of Chhattisgarh Through - Police Station Balco, Tehsil And District - Korba, Chhattisgarh. --- Respondent MCRC No. 5683 of 2026 Vikas Paswan S/o Fulender Paswan Aged About 21 Years Occupation Student, R/o Quarter No. 484 Balco Nagar Korba, Police Station- Balco, Tehsil And District Korba Chhattisgarh --- Applicant Versus State Of Chhattisgarh Through Station House Officer, Police Station- Balconagar, District Korba (C.G.) --- Respondent MCRC No. 5675 of 2026 Aavish Mirza Jalil S/o Mirza Jalil Aged About 22 Years R/o Cseb Chowk, Pump House, Korba, P.S. - Civil Line Rampur, District - Korba, Chhattisgarh. ---Applicant Versus VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.07.30 12:21:25 +0530 2 State Of Chhattisgarh Through Police Station Balco, Tehsil And District - Korba, Chhattisgarh. --- Respondent For Respective Applicants : Mr. Vikas Pandey, Advocate and Mr. Chandreshanand, Advocate appeared through Video Conferencing For Non-applicants/State : Mr. S.S. Baghel, Govt. Advocate. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 28.07.2026 1. The applicants have preferred these First Bail Application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as they have been arrested in connection with Crime No. 288/2026, registered at Police Station : Balco, Tehsil and District – Korba (C.G.) for the offence punishable under Sections 74, 64(1), 115(2) & 3(5) of the BNS. 2. The prosecution case in brief, is that, the victim has lodged written report to the effect that on 20/05/2026 she has gone to village Gahaniya for a picnic with her friends and other friends. There, they were bathing in water fall at around 4 pm, while bathing, the accused Vikas and applicant started molesting her and started touching her chest then the accused Vikas put his hand inside her underwear and inserted his finger in her private part. When the victim told her friend about the above incident, her friend said that it was not like that, it is normal. After that while returning home she got down for washroom at Gahaniya at around 7.30 pm at the same time accused Vikas started touching her private parts with his hand. When the victim informed her 3 friend about the incident, the victim's friend started beating her hands and fists, saying that she was lying. Thereafter victim has lodged FIR against the present applicant and other co-accused person. 3. MCRC No. 5672 of 2026 - Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case and has no connection whatsoever with the alleged crime. It is contended that the applicant is a young student aged about 20 years and has been in judicial custody since 21.05.2026. Learned counsel submits that the applicant had merely gone for a picnic along with his friends and that the alleged incident arose out of a dispute between the co-accused, Vikas, and the victim, who were allegedly in a love relationship. It is further submitted that since the applicant did not support the victim, a false report has been lodged against him. Learned counsel also contends that several persons were present at the picnic spot, but none has supported the version of the victim during the investigation. It is further argued that the medical examination of the victim does not reveal any external or internal injuries, thereby creating serious doubt regarding the prosecution case. It is lastly submitted that no overt act has been attributed to the applicant, he neither misbehaved with the victim nor outraged her modesty, and his continued incarceration would seriously prejudice his education and future prospects. Therefore, considering his young age, prolonged detention, and the facts and circumstances of the case, it is prayed that the applicant be enlarged on regular bail. 4. MCRC No. 5675 of 2026 - Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the 4 present case and has no connection with the alleged offence. It is submitted that the applicant is a 22-year-old student belonging to a respectable family and has been in judicial custody since 21.05.2026. Learned counsel further submits that the applicant had merely gone on a picnic with his friends, that there was a love affair between co- accused Vikas and the victim, and the dispute arose between them. It is contended that the present applicant has been falsely implicated as he did not support the victim. It is further submitted that although several persons were present at the picnic spot, none has supported the version of the victim. Learned counsel also submits that the medical report does not disclose any external or internal injury on the body of the victim and there is no material to show that the applicant misbehaved with or outraged the modesty of the victim. It is lastly submitted that the applicant is a permanent resident of the address mentioned in the cause title, there is no likelihood of his absconding or tampering with the prosecution evidence, and therefore he deserves to be enlarged on regular bail. 5. MCRC No. 5683 of 2026 - Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case due to a misunderstanding and a subsequent dispute that arose during a picnic outing. It is submitted that the victim, the applicant, and other friends had voluntarily gone together for the picnic and remained in each other's company throughout the day, and the allegations against the applicant are matters of evidence which can only be adjudicated during trial. Learned counsel further submits that the applicant has no criminal antecedents, is a student, and his continued detention since 22.05.2026 is seriously affecting his 5 education, future prospects, and career. It is also submitted that the investigation is complete, the material evidence has already been collected, and no further custodial interrogation of the applicant is required. The applicant undertakes to cooperate with the trial, appear before the Court on every date, not contact the victim or influence any witness, and abide by all conditions imposed by this Hon'ble Court. It is further submitted that the apprehension of tampering with evidence is vague and unsupported by any material, the trial is likely to take considerable time to conclude, and the applicant is a permanent resident with no likelihood of absconding. Therefore, it is prayed that the applicant be enlarged on regular bail. 6. On the other hand, learned State counsel opposes the bail application and submits that there are specific and serious allegations against the present applicants. It is contended that, as per the prosecution case, the victim has specifically alleged that the present applicants, along with the co-accused, molested her while she was bathing at the waterfall during the picnic by touching her chest without her consent. It is further submitted that the FIR contains clear and specific allegations against the applicants, and the statement of the victim recorded during the investigation also supports the prosecution case. Learned State counsel submits that the allegations pertain to outraging the modesty and sexual assault upon a young woman, which are grave in nature, and at this stage the testimony of the victim cannot be discarded merely because no external or internal injuries were found during her medical examination. It is further argued that the truthfulness or otherwise of the allegations is a matter of evidence to be tested during trial and cannot be adjudicated at the stage of consideration of bail. 6 Considering the seriousness of the allegations and the material collected during the investigation, learned State counsel prays for rejection of the bail application. 7. I have heard learned counsel for the parties and perused the case- diary. 8. Having heard learned counsel for the parties, perused the case diary and the material available on record, this Court finds that there are specific and serious allegations against the present applicants. As per the prosecution case, the victim has consistently alleged that while she was bathing at a waterfall during a picnic, the present applicants, along with the co-accused, molested her by touching her chest without her consent, and the co-accused namely Vikas Paswan further committed sexual assault by inserting his finger into her private part. The FIR as well as the statement of the victim recorded during the course of investigation prima facie support the prosecution case. It is further noticed that the MLC report of the victim also lends prima facie support to the prosecution version. At this stage, this Court is not required to undertake a meticulous appreciation of the evidence or adjudicate upon the veracity of the rival contentions. The defence raised by the applicants regarding false implication, the alleged love affair between the victim and the co-accused, and the contention that other persons present at the spot have not supported the prosecution case are all disputed questions of fact which cannot be conclusively determined at the stage of consideration of bail. Considering the nature and gravity of the offence, the specific role attributed to the present applicants, the material collected during investigation, and the medical evidence available on record, without expressing any opinion 7 on the merits of the case, this Court is of the considered view that no case for grant of regular bail is made out at this stage. Accordingly, the present bail applications deserve to be and are hereby rejected. 9. Accordingly, the bail applications of the applicants – Rajkumar, Vikas Paswan & Aavish Mirza Jalil involved in Crime No. 288/2026, registered at Police Station : Balco, Tehsil and District – Korba (C.G.) for the offence punishable under Sections 74, 64(1), 115(2) & 3(5) of the BNS, are rejected. 10. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 11. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice vaibhav