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2026 DAILYLAW 37960 (CHH)

RAJ KUMAR NAG v. STATE OF CHHATTISGARH

MCRC/8601/2026 · 2026-09-27

Shri Rakesh Mohan Pandey

body2026

Judgment text

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1 CGHC010356282026 2026:CGHC:42251 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8601 of 2026 1 - Raj Kumar Nag Son Of Tiharu Nag Aged About 32 Years Residing Of Dumarbahar, Thana Bagbahar, District Jashpur (C.G.) 2 - Madhu Chauhan Son Of Chamar Say Aged About 27 Years Residing Of Dumarbahar, Thana Bagbahar, District Jashpur (C.G.) ... Applicants Versus * - State Of Chhattisgarh Through Police Station - Bagbahar District - Jashpur (C.G.) ... Non-Applicant For Applicants : Mr. Dinesh Yadav, Advocate For Non-Applicant : Ms. Priya Sharma, Panel Lawyer Hon’ble Shri Justice Rakesh Mohan Pandey Order on Board 28/09/2026 1. The applicants have preferred this first bail application under Section 483 of Bharatiya Nagrik Suraksha Sanhita, 2023 as they are in jail since 18.03.2026 in connection with Crime No. 23/2026 registered in Police Station – Bagbahar, District Jashpur (CG) for commission of offence punishable under Sections 70(1), 62(2) and 87 of BNS. 2. As per prosecution story, on 12.03.2026, the victim/prosecutrix had gone to Patelpara along with her two daughters to attend Digitally signed by RAMESH KUMAR VATTI Date: 2026.09.29 14:17:44 +0530 2 marriage function. At about 02:00 a.m., the present applicants took her forcibly from the marriage house towards nearby field, where they committed rape upon her one by one. On such complaint, police registered the offences as stated above against the present applicants. 3. Learned counsel appearing for the applicant would submit that the victim made a false complaint of sexual assault against the present applicants as incident was not witnessed by anyone. He would further submit that the applicants are in jail from 18.03.2026, charge sheet has already been filed and they have no criminal antecedents. It is contended that some of the witnesses have already been examined and they have not supported the case of prosecution. Thus, he would pray for grant of bail to the applicants. 4. On the other hand, learned counsel appearing for the State/non- applicant would oppose the bail application. She would submit that it is a case of gang rape, whereas the applicants sexually assaulted the victim one by one. She would contend that the victim has already been examined and she has supported the case of prosecution. She would further submit that medical report supports the allegation made by the victim. Thus, the bail application deserves to be dismissed. 5. I have heard learned counsel for the parties and perused the case diary. 3 6. Having considered the fact that the victim has already been examined and she has supported the case of prosecution. There is categorical allegation that the present applicants sexually assaulted the victim one by one and therefore, filing of charge- sheet would not dilute the allegation made against the applicants; further considering the manner in which offence was committed and the medical report of the Medical Officer and the allegation made by the victim, I am not inclined to release the applicants on regular bail. Accordingly, the instant bail application stands rejected. Sd/- (Rakesh Mohan Pandey) Judge vatti