1 2026:CGHC:7674 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 226 of 2026 Sufal Ram Kenwat S/o Late Ajay Kenwat Aged About 19 Years Occupation - Farmer, R/o - Village - Dhangava Kenwatpara, P.S. - Gandhinagar, District - Sarguja (C.G.) --- Applicant versus State Of Chhattisgarh Through - Station House Officer, P.S.- Gandhinagar, District - Sarguja (C.G.) --- Respondent For Applicant : Ms. Hamida Siddiqui, Advocate For Respondent : Mr. Afroz Khan, P.L. For Complainant : Mr. Vivekanand Sammadar, Advocate MCRC No. 852 of 2026 Sukhsay @ Sukul Kenwat S/o Tiharu Kenwat Aged About 27 Years R/o. Village Dhangavan, Post Sukhri, PS Gandhi Nagar, District Sarguja C.G. ---Applicant Versus The State Of Chhattisgarh Through SHO To PS Gandhi Nagar, District Sarguja C.G. --- Respondent For Applicant : Mr. Praveen Soni, Advocate For Respondent : Mr. Afroz Khan, P.L. For Complainant : Mr. Vivekanand Sammadar, Advocate BHOLA NATH KHATAI Digitally signed by BHOLA NATH KHATAI Date: 2026.02.13 11:18:02 +0530 2 Hon'ble Shri Justice Sanjay Kumar Jaiswal Order On Board 11.02.2026 1. The victim and her mother appeared in person before this Court today and expressed their no-objection in granting bail to the applicant. 2. This is the first bail application filed u/s 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicants who have been arrested in connection with Crime No.469/2025 registered at Police Station Gandhinagar, District : Sarguja (C.G.) for offence punishable under Sections 137(2), 65(1), 70(2), 87, 64(2)(m) of BNS and Sections 5(l) & 6 of POCSO Act against applicant Sufal Ram Kenwat and under Sections 137(2), 65(1), 70(2) of BNS and Sections 4 & 6 of POCSO Act against applicant Sukhsay @ Sukul Kenwat. 3. As per the prosecution case, the applicants, knowing well that the victim was a minor, kidnapped her from the lawful guardianship of her parents and committed gang rape upon her. On report being lodged in this regard, the applicants were arrested on 18.08.2025. 4. Learned counsel for applicants submit that the applicants are innocent and they have been falsely implicated in this case. The victim and her parents have been examined before the trial Court and they have not supported the case of prosecution and turned hostile. The victim and her mother have also expressed their no- objection in granting bail to the applicants. They further submit 3 that out of total 23 witness, only 4 witnesses including the victim and her parents have been examined till date, the applicants are in jail since 18.08.2025 and there is no likelihood of the trial to be concluded at the earliest. Hence, considering all these facts, the applicants may be released on bail. 5. Learned State counsel, on the other hand, opposing the bail application submits that the victim was minor at the time of incident and considering the nature of offence, the applicants do not deserve to be released on bail. 6. Heard learned counsel for the parties and perused the case diary. 7. Taking into consideration the entire facts and circumstances of the case, particularly the court statements of the victim and her parents and also considering the facts that the victim and her mother have expressed their no-objection in granting bail to the applicant, there are total 23 witnesses, out of which only 4 witnesses including the victim and her parents have been examined so far, the applicants are in jail since 18.08.2025 and there is all possibility of the trial taking considerable time for its conclusion, this Court is of the opinion that a case for grant of bail to the applicants has been made out. 8. Accordingly, both the applications for grant of bail are allowed. It is directed that the present Applicants shall be released on bail on their furnishing a personal bond in the sum of Rs.25,000/- with one surety each in the like sum to the satisfaction of the concerned trial Court. The applicants are directed to appear 4 before the trial Court on each and every date to be given to them by the said Court till completion of the trial. 9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information. Sd/- (Sanjay Kumar Jaiswal) Khatai JUDGE