1 CGHC010316292026 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7576 of 2026 1 - Bhuneshwar Dhurwey S/o Bisnath Dhurwey Aged About 22 Years, R/o Niwaspur, P.S. - Rengakhar, District Kabirdham Chhattisgarh ... Appellant (s) versus 1 - State Of Chhattisgarh Through S H O, Police Station Rengakhar, District - Kabirdham Chhattisgarh ... Respondent(s) For Appellant : Mr. Dinesh Tiwari, Advocate. For Respondent/State : Mr. Rohitashva Singh, Dy. Govt. Advocate. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order On Board 25/08/2026 1. The accused/applicant has moved this second bail application under Section 438 of BNSS, 2023 for releasing him on regular bail during trial in connection with Crime No.27/2025 registered at Police Station – Rengakhar, District Kabirdham (C.G.) for the offence punishable under Sections 296, 115(2), 351(3), 74, 3(5) fo BNS and Section 8 of POCSO Act. 2 2. Earlier, vide order dated 02.02.2026, the first bail application being MCRC No.10500/2025 filed by the present applicant was rejected on merit holding him to be the main accused, and bail application being MCRC No.10461/2025 filed by other co-accused persons was allowed. 3. (i) As per the prosecution case, the three accused applicants Bhuneshwar, Ritesh and Durgesh abused and threatened to kill the victim and the complainant's nephew, assaulted them and molested the victim girl by holding her hand with the intention of outraging her modesty. (ii) On 23.10.2025 father of the victim has filed a written report stating on 18.10.2025, his minor daughter was going to see Baherakhara Nacha in the night at about 03.00 p.m., along with her aunt and the daughter of the younger brother of the complainant. When she had reached near the school at about 3.15 a.m., she met the victim's maternal uncles's son with his friend. On being told by him that he would drop them on the motorcycle, his friend made the complainant's sister and niece sit on the motorcycle and went to drop them at Baherakhara. The victim and the complainant's nephew were stopped there and applicants Bhuneshwar, Ritesh and Durgesh came there on motor cycle and said to the victim and the complainant's nephew that you people have stopped to do wrong things, abused them with obscene language about their mother and sister and slapped them. Thereafter accused Bhuneshwar made the victim sit on his motor cycle, took her to Bhelwahi forest and dragged her saying that he would do wrong things and further treated to kill her if she discloses the incident to anyone. The victim some how freed her hand and came on the road. At the same time Uttam Meravi, who was on a motorcycle, stopped his daughter and when she told about the incident, Bhuneshwar ran away from there and Uttam took the victim home. On 21.10.2025, when a meeting was held in the village regarding this matter, the three boys said nothing and 3 their family members supported the applicants. Based on the said report, FIR was registered against the applicants. 4. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the crime in question. Learned counsel further submits that the applicant is in jail since 24.10.2025, out of 23 witnesses 04 witnesses have been examined so far and the fourth witness namely Uttam Merawi (PW-4) is the hearsay witness and the trial will take considerable time for its final disposal, therefore, applicants may be enlarged on bail. 5. On the other hand, learned counsel for the State opposed the bail application and submits that the victim was minor at the time of incident and she has duly supported the prosecution case and after dismissal of first bail application, there is no change in circumstances, therefore, the applicant may not be granted bail. 6. The victim appeared through video conferencing from the concerned DLSA and recorded her objection to the bail application. 7. I have heard learned Counsel appearing for the parties and perused the case diary. 8. Considering the facts and circumstances of the case and looking to the statement of the victim (PW-1), other witnesses father of prosecutrix (PW-2), mother of prosecutrix (PW-3), Uttam Merawi (PW-4), the custody period of the applicant, nature of crime, and the trial is likely to take considerable time, at this stage, I am inclined to release the applicant on bail. 9. Accordingly, the second application is allowed and it is directed that the 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 trial Court. Applicant is directed to appear before the trial Court on each and every date to be 4 given to him by the said Court till disposal of the trial. It is made clear that any observation made by this Court in this order shall not affect the trial of the case. 10. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Sanjay Kumar Jaiswal) Judge pekde Digitally signed by VIJAY BHARATRAO PEKDE Date: 2026.08.26 13:10:09 +0530