1 2026:CGHC:16515 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1460 of 2026 Sourabh @ Bhuru Kanwar S/o Panchuram Kanwar Aged About 20 Years R/o Belargodi Police Station Gaindatola, District Rajnandgaon Chhattisgarh. ... Applicant. versus State Of Chhattisgarh Through Station House Officer, Police Station Gaindatola, District Rajnandgaon (C.G.) ---- Respondent -------------------------------------------------------------------------------------------- For the Applicant : Mr. Pradeep Kumar Jogi, Advocate. For the State/Respondent : Ms. Richa Sahu, PL. -------------------------------------------------------------------------------------------- Hon'ble Shri Ravindra Kumar Agrawal, Judge Order on Board 09.04.2026 1. Heard on the application filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023. This is first bail application before this Court filed by the applicant for grant of regular bail, who has been arrested on 28-04-2024 in connection with Crime No.31/2024 registered at P.S. - Gaindatola, District Rajnandgaon (C.G.) for the offence under Sections 363/34, 366/34, 376(D), 376(2)(L), 376(2)(N), 506 2 (Part-II) of the IPC and Sections 5(G), 5(K), 5(L), 5(J)(ii) & 6 (four times) of the Protection of Children from Sexual Offences Act, 2012 (in short ‘the POCSO Act’). 2. The prosecution case is that on 27-04-2024 a written report has been lodged by mother of the prosecutrix stating therein that on 18-10-2023 her minor daughter was subjected to gang rape by the present applicant and another co-accused Doman Kanwar. When the abdomen of her minor daughter appeared to be bigger than normal size, she complained pain, she was medically examined on 16-04-2024 and she came to know that prosecutrix conceived pregnancy, the prosecutrix disclosed about the incident of 18-10-2023 that she was subjected to gang rape by the applicant and another co- accused Doman Kanwar when she had gone to cut the paddy crop in the field. It is also informed by the prosecutrix that both the accused persons have given threatening to her with dire consequences and thereafter they committed the act of gang- rape with her with certain intervals. On 23–04-2024 the pregnancy was aborted and then the FIR has been lodged on 27-04-2024 against the accused persons. The applicant has been arrested on 28-04-2024 and after investigation charge sheet has been filed. 3. Learned counsel for the applicant would submit that the FIR has been lodged at belated stage. Had the present applicant 3 subjected the prosecutrix to gang rape, she would have lodged the report immediately or to inform the incident to her parents. He would also submit that the prosecutrix and her mother tried to shift burden upon the present applicant that she conceived pregnancy from the present applicant side, whereas, there is no medical report that the pregnancy conceived by the prosecutrix is from the applicant side. He would further submit that prosecutrix/victim has been examined before the trial Court and she has not supported the case of prosecution. The applicant is in jail since 28-04-2024 and trial of the case is not in considerable progress, therefore, the applicant may be enlarged on bail. 4. On the other hand, learned counsel for the State opposes and has submitted that the prosecutrix is a minor girl and mentally challenged. She was gang raped by the applicant and another co-accused on 18-10-2023 when she had gone to cut paddy crop and thereafter they made repeated act of gang rape with certain intervals. By the act of the applicant and co-accused the prosecutrix conceived pregnancy. She further pointed out that bail application of co-accused Doman Kanwar has been rejected by this Court vide order dated 19.11.2024 in MCRC No.5191/2024. The allegation against the said co-accused as well as the present applicant are similar in nature, therefore, on the ground of parity, the present applicant is not entitled to 4 be enlarged on bail. 5. Considering facts of the case, submissions made by the learned counsel for the parties, nature of allegations and the material collected during the investigation, particularly the fact that the prosecutrix is mentally challenged girl who was subjected to gang rape by the applicant and another co- accused person, further considering that bail application of co- accused Doman Kanwar has already been rejected by this Court vide order dated 19.11.2024 in MCRC No.5191/2024, without commenting anything on merits of the case I am not inclined to release the applicant on bail. 6. Accordingly, the present bail application filed by the applicant is rejected. However, considering the detention period of the applicant, ie ,since 28.04.2024, trial Court concerned is directed to expedite the trial. CC as per rules. Sd/- (Ravindra Kumar Agrawal) JUDGE J/-