1 CGHC010239672026 2026:CGHC:42540 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5757 of 2026 1 - Pitambar Lahare S/o Shri Bihanu Ram Lahare Aged About 30 Years By Caste Satnami, R/o Village Kumhichuwan (Sukwasupara), Thana Kapu, Distt Raigarh Chhattisgarh ... Applicant(s) versus 1 - State Of Chhattisgarh Through The Station House Officer, Police Station - Bagbahra, Distt Jashpur Chhattisgarh ... Respondent For Applicant : Mr. Sumit Shrivastava, Advocate For Respondent/State : Ms. Laxmeen Kashyap, P.L. Hon’ble Shri Justice Rakesh Mohan Pandey Order on Board 30.09.2026 1. The applicant has preferred this First Bail Application under Section 483 of the BNSS, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 15/2026, registered at Police Station Bagbahar, District Jashpur (C.G.) for the offence punishable under Sections 138, 70(2) of BNS, 04 and 6 of POCSO Act and 3(2)(v) of SC/ST (Prevention of Atrocities) Act. 2. In pursuance of the notice dated 01.07.2026 issued to the victim, today the victim along with her brother appeared before this Court through virtual mode and raised serious objection to releasing the applicant on 2 bail. 3. The case of the prosecution, in brief, is that on 17.02.2026, an FIR was lodged by the victim herself at the instance of the Ward Boy of Community Health Centre, Raigarh. It is alleged that on 16.02.2026, the victim had gone to Maheshpur to attend a cultural programme and, while she was returning on foot, she was allegedly taken to a secluded place by another accused, namely, Satyaprakash, who allegedly committed sexual intercourse with her. Subsequently, two more persons arrived there on a motorcycle and allegedly sexually assaulted her. On the basis of the said complaint, the police registered an offence against unknown persons. During the course of investigation, two accused persons were arrested, whereas one accused person is absconding. 4. Learned counsel appearing for the applicant would submit that the victim was not acquainted with the two other co-accused persons, who allegedly joined the main accused subsequently, and no test identification parade was conducted. Thus, the involvement of the present applicant appears to be doubtful. He would further submit that there are contradictions and omissions in the deposition of the victim. No offence, as alleged, was committed by the applicant. The applicant is in jail since 28.02.2026. He, therefore, prays for grant of bail to the applicant. 5. On the other hand, learned State counsel would oppose the bail application and submit that three accused persons sexually assaulted the victim one after another on the date of the incident. She would further contend that, as per the MLC, injuries were found on the private 3 parts of the victim. The victim has also been examined before the trial Court, wherein she made serious allegations against the present applicant and other co-accused persons with regard to the alleged sexual assault. She would further submit that the victim was 17 years of age on the date of the incident, and the allegations against the applicant are serious in nature. Therefore, she prays that the application moved by the applicant for grant of bail may be rejected. 6. I have heard the learned counsel for the parties and perused the case diary. 7. On perusal of the case diary and the deposition of the victim, it appears that the present applicant, along with two other accused persons, sexually assaulted the victim on the date of the incident. The victim, in her deposition, has categorically stated that the main accused, namely, Satyaprakash, took her to a secluded place and sexually assaulted her. Thereafter, he called his two friends, who also sexually assaulted her one after another, following which she became unconscious. As per the medical report, the Medical Officer found injuries on the private parts of the victim. 8. Having considered the statement of the victim, the medical report, the victim being 17 years of age on the date of the incident, and the serious allegations of sexual assault against the applicant, I am not inclined to grant bail to the applicant. Accordingly, the present bail application is rejected. Sd/- (Rakesh Mohan Pandey) Judge Jyoti