2026:CGHC:12193 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1508 of 2026

1 - Pratap Singh Thakur S/o Garun Singh Thakur Aged About 24 Years R/o Gram- Nagpura, P.S.- Sargaon, District- Mungeli (C.G.)

... Petitioner(s)

versus

1 - State of Chhattisgarh Through Station House Officer, Police Station-

Sargaon District- Mungeli (C.G.)

... Respondent(s)

For Applicant : Shri Ashish Tiwari, Advocate.

For Respondent : Shri Rohan Shukla, Panel Lawyer.

Hon’ble Shri Justice Ravindra Kumar Agrawal, J

Order on Board

13.03.2026

1. This is first bail application seeking grant of bail to the Applicant who is in jail since 14.10.2025 in connection with Crime No.60/2025 registered at Police Station Sargaon, District Mungeli for the offence punishable under Sections 74,351(2),333, 3(5) of BNS and Section 12 of POCSO Act.

2. Case of the prosecution, in brief, is that victim lodged a written complaint on 05.06.2025 against the present applicant that he, along 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.

3. Learned counsel for the applicant would submit that the present applicant has not been named in the FIR. His name comes in the statement recorded by Child Welfare Committee after about four days i.e. on 09.06.2025. There is no allegation even in the statement recorded before the Child Welfare Committee Mungeli as well as her 183 BNSS statement that the present applicant has also committed any offence with her and it is only alleged that he was standing outside the house of victim. The victim has been examined before the trial Court where she has not completely supported the prosecution's case. There are material omission and contradiction in her evidence. She admits previous enmity with the family of present applicant and as such there was sufficient reason for his false implication. The case of present applicant is distinguishable with the case of other co-accused persons. Trial of the case is not in considerable progress as only 6 out of 17 cited witnesses have been examined. The applicant is in jail since 14.10.2025, final adjudication of the case will take its own time.

Therefore, he may be enlarged on bail.

4. On the other hand, learned counsel appearing for the State opposes and has submitted that the allegation against the applicant is that he victim and tried to outrage her modesty. The name of present applicant appears in the statement recorded by the Child Welfare Committee as well as her 183 BNSS statement. The bail application of other co- accused Bhagwat Singh@ Sonu, Pawan Dhruv @ Golu and Hemant Singh have already been rejected by this Court vide order dated 15.01.2026, 27.10.2025 and 13.02.2026 in MCrC No.9760 of 2025, MCrC No.7666 of 2025 and MCrC No.537 of 2026 respectively. Therefore, the present applicant is also not entitled for bail as trial is in progress.

5. I have heard learned counsel for the parties and perused the material annexed with the bail application.

6. 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 her statement recorded by the Child Welfare Committee, and also the fact that bail applications of other co-accused have already been rejected by this court, I am not inclined to release the present applicant on bail.

7. Accordingly, the bail application of the applicant is hereby rejected.

Sd/-

(Ravindra Kumar Agrawal)

Judge

inder