1 CGHC010301572026 2026:CGHC:36671 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7385 of 2026 1 - Vijay Kumar Dheeraj S/o Birjhu Ram Dheeraj Aged About 25 Years R/o Ward No. 12, Gram Kota, Thana Tilda Neora, District Raipur Chhattisgarh ... Applicant versus 1 - State Of Chhattisgarh Through Police Station Tilda Neora District Raipur Chhattisgarh ... Respondent For Applicant : Ms. Smita Jha, Adv. For Respondent/State : Mr. Rishi Raj Pithwa, Dy. G.A. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order on Board 17 / 08 / 2026 1. The accused/applicant has moved these first bail application under Section 483 of BNSS, 2023 for releasing him on regular bail during trial in connection with Crime No. 373/2025 registered at Police Station – Tilda Neora, District – Raipur (C.G.) for the offence punishable under Sections 137(2), 140(4), 103(1), 61(2)(a) of the BNS and Section 4 of POCSO Act. 2. As per the prosecution’s case, it is alleged that on 26.08.2025, the present applicant committed the rape and murder of a Digitally signed by HEERA LAL SAHU Date: 2026.08.18 10:36:46 +0530 2 minor child and concealed the dead body with the help of other co-accused persons. Based on this, offence has been registered against the present applicant. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. She further submits that there is no direct evidence linking the applicant to the crime. The applicant was arrested solely on the basis of suspicion, and no incriminating recovery or seizure has been made from his possession. Furthermore, as per the testimony of the doctor (PW-6), no injuries to the private parts or signs of an unnatural act were opined regarding the deceased. It is also submitted that a co-accused, namely Kuldeep Banjare, has already been granted bail by this Court in MCRC No. 528/2026 vide order dated 30.01.2026. The applicant has been in judicial custody since 07.09.2025, and only 6 out of 23 listed prosecution witnesses have been examined to date. As the trial is unlikely to conclude in the near future, learned counsel prays that the applicant be released on bail. 4. On the other hand, learned counsel for the State opposes the bail application and submits that the applicant committed a heinous offence of rape and murder of a minor boy. There is evidence of last seen together, and a voter ID card of the applicant has also been seized from the spot. There is sufficient material available on record against the present applicant. The case of the co-accused who has been granted bail is different from the case of the present applicant. The prime witness of the incident is yet to be examined. Therefore, at this stage, he may not be enlarged on bail. 5. Notice issued to complaint remained unserved. 6. I have heard learned counsel for the parties and perused the case diary. 7. Considering the entire facts and circumstances of the case, particularly looking to the material available on record, the evidence collected by the prosecution against the applicant and 3 the gravity of the offence, at this stage, without commenting on the merits of the case, I am not inclined to release the applicant on bail. Accordingly, the bail application filed under Section 483 of BNSS, 2023, is rejected. 8. Office is directed to sent 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