1 HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3134 of 2026 Monti Dahariya @ Suraj Dahariya S/o Shri Ramkumar Dahariya Aged About 23 Years R/o Dadar Bhilai Charoda P/s Purani Bhilai Distt. Durg Cg (Presently) Chota Ashok Nagar Gudhyari Behind Sohan Kabadi Dukan Nana Dashrangi Navrange House P/s Gudhyari Distt.- Raipur, (C.G.) ... Applicant versus State of Chhattisgarh through P/s Saraswati Nagar Distt. Raipur (C.G.) ... Respondent For the applicant : Mr. Ajay Kumar Mishra, Advocate For the State : Mr. Amit Verma, panel lawyer For the objector : Mr. T. R. Patel, Advocate (Hon’ble Shri Justice Sanjay Kumar Jaiswal) Order on Board 17.04.2026 1. This is first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant in Crime No. 25/2024 registered at Police Station Saraswati Nagar, District Raipur (CG) for the offences under Sections 363, 366, 376, 376(2)(N), 506/34 of BNS and Sections 4, 6 of the POCSO Act. 2 As per the prosecution case, the victim lodged the complaint alleging that the brother of present applicant (co-accused Nitin) abducted her and committed sexual intercourse and both they resided together for about one year. During this period, the present applicant who is brother of Nitin also committed sexual intercourse with the victim. She initially lodged the complaint against the brother of applicant. The present applicant remained absconding for two years. ALLENA ANNAJEE RAO Digitally signed by ALLENA ANNAJEE RAO Date: 2026.04.17 17:11:07 +0530 2 3. Learned counsel for the applicant submits that the applicant is not at all involved in offence and he has been falsely implicated in this case. He submits that the main allegation of abduction and rape is against one Nitin Daharia, who is the real brother of this applicant and she has initially lodged the complaint against his brother Nitin Daharia and later he was acquitted of the charge by trial court order dated 29.05.2025. She falsely roped the present applicant. He submits that the said incident is allegedly taken place during the period from 2022 to 2024 and the victim was major when the FIR was filed on 21.01.2024. He submits that the applicant is in jail since 12.02.2026 and there is no immediate possibility of disposal of the case, therefore, looking to the above facts situation of the case, the applicant may be enlarged on bail. 4. Per contra, learned State Counsel opposes the bail application and submits that at the time of incident, the victim was minor. Learned counsel appearing for the objector submits that the present applicant remained absconding for more than two years. 5. The victim is present in person along with counsel and raised objection to grant bail to the applicant. 6. Having considered the submissions made by learned counsel for the parties; the over all facts and circumstances of the case and looking to the nature of allegations made against the applicant as also the fact that the main accused has been acquitted of the charge in the same incident and the trial is yet to take time, I am inclined to release the applicant on regular bail. 7. Accordingly, this bail application is allowed and the applicant is directed to be released on bail on his furnishing a bond in sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the trial Court for his appearance before the said Court as and when directed in that behalf. Cc as per rules. Sd/- (Sanjay Kumar Jaiswal) Judge Rao