1 2026:CGHC:2609 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9760 of 2025 Bhagwat Singh @ Sonu S/o Garun Singh Thakur Aged About 26 Years R/o Village- Nagpura Ps Sargaon, District- Mungeli (C.G.) ... Applicant versus State Of Chhattisgarh Through- Ps Sargaon District- Mungeli (C.G.) ... Respondent (Cause title taken from Case Information System) For Applicant : Mr. Dheerendra Pandey, Advocate For Respondent/State : Mr. Supriya Upasane, Govt. Advocate Hon'ble Shri Justice Ravindra Kumar Agrawal Order on Board 15/01/2026 1. Heard on the application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS, 2023). This is the first bail application before this Court filed by the applicant for grant of regular bail. 2. Applicant has been arrested on 05.06.2025 in connection with Crime No. 60 of 2025, registered at P.S. Sargaon, District Mungeli, Chhattisgarh for the offence punishable under Sections 74, 351(2), 333, 3(5) of the BNS 2023, and Section 12 of the POCSO Act, 2012. VED PRAKASH DEWANGAN Digitally signed by VED PRAKASH DEWANGAN Date: 2026.01.16 18:25:40 +0530 2 3. Case of the prosecution, in brief, is that victim lodged a written complaint on 05.06.2025 against the present applicant that he, along with other accused persons entered into her house, and outraged her modesty. When she and her grandmother protested the accused persons, they gave threatening with dire consequences, and by the time people in the vicinity came there, they fled away. On the basis of written complaint made by the victim herself, offence under Sections 74, 351(2), 333, 3(5) of the BNS 2023, and Section 12 of the POCSO Act, 2012 has been registered against accused persons, including the present applicant. After investigation, charge-sheet has been filed. 4. Learned counsel for the applicant would submit that, the victim has been examined before the learned trial Court and has not duly supported the prosecution's case. There are material omission and contradiction in her evidence. She admitted in her cross examination that, there was a dispute with the accused with respect to burning crackers. He would also submit that, the trial of the case is not in considerable progress. The applicant is in jail since 05.06.2025, final adjudication of the case will take its own time. Therefore, he may be enlarged on bail. 5. On the other hand, learned counsel appearing for the State opposes and has submitted that, the allegation against the applicant is that, he along with other two co-accused persons have entered into the house of the victim on the alleged night and tried to outrage her modesty. When she shouted, the accused persons fled from the place, who had been seen by her neighbours, who are yet to be 3 examined before the learned trial Court. Against the present applicant, there are 15 criminal antecedents. The bail application of co-accused, Pawan Dhruv @ Golu has been rejected on merits by this Court, vide order dated 27.10.2025, passed in MCRC No. 7666 of 2025. Therefore, the applicant is not entitled for bail. 6. I have heard learned counsel for the parties and perused the material annexed with the bail application. 7. Considering the submissions made by learned counsel of the parties, considering the nature of allegations, material collected against the present applicant and considering the statement of the victim recorded under Section 183 of BNSS, 2023 and other two eyewitnesses, who are the neighbours of the victim, further considering that the applicant is having 15 criminal antecedents, the bail application of co-accused, Pawan Dhruv @ Golu has already been rejected on merits, I am not inclined to release the applicant on bail. 8. So far as the submissions of the learned counsel for the applicant that, there are material discrepancies in her evidence, it is for the trial Court to appreciate the evidence of the victim and this Court does not go into merits of the evidence at this stage while considering the bail application of the applicant. 9. Accordingly, the bail application of the applicant is hereby rejected. Sd/- (Ravindra Kumar Agrawal) Judge ved