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Chattisgarh High Court
Bholeshwar Sidar vs State Of Chhattisgarh on 13 March, 2026
Author: Ramesh Sinha
Bench: Ramesh Sinha
1
2026:CGHC:12161
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 2394 of 2026
Bholeshwar Sidar S/o Nehrulal Sidar Aged About 21 Years R/o Tatkela, P.S.
Lailunga, Dist. Raigarh, Chhattisgarh
... Applicant
versus
State of Chhattisgarh Through Station House Officer (S.H.O) P.S.- Lailunga,
Dist.- Raigarh (C.G.)
... Non-applicant
For Applicant : Mr. Ashutosh Biswas, Advocate.
For Non-applicant/State : Ms. Anusha Naik, Dy. Govt. Advocate.
Digitally
Hon'ble Shri Ramesh Sinha, Chief Justice
signed by
ABHISHEK
ABHISHEK SHRIVAS
SHRIVAS Date: Order on Board
2026.03.13
13.03.2026
18:29:00
+0530
1.
The applicant has preferred this First Bail Application under Section 483
of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail,
as he has been arrested in connection with Crime No. 293/2025,
registered at Police Station Lailunga, District Raigarh (C.G.) for the
offence punishable under Sections 70(1) and 138 of the Bhartiya Nyaya
Sanhita, 2023.
2. As per the prosecution story, the alleged incident is dated 07.11.2025.
The victim lodged a written report at Police Station Lailunga, District
Raigarh (C.G.), alleging that on the night of 06.11.2025, she along with
her friend, her brother, and two other boys had gone to watch a drama
show (Natak Nacha) program at Village Pahadulega. After the program
concluded at about 12:00 midnight, they stayed there for some time, and
at about 02:00 A.M., while returning to their village Jambahar on a
motorcycle via Dam Road, four unknown persons allegedly intercepted
them near Dam Road. It is alleged that the said persons snatched their
mobile phones and assaulted the boys accompanying them, and
thereafter forcibly took the victim and her friend on a motorcycle to a
secluded place in the forest area near Bhewahtoli. It is further alleged
that co-accused Ajay Agariya, along with other associates, committed
forcible sexual intercourse with the victim against her will and without her
consent, while the remaining accused persons allegedly caught hold of
her hands and legs and facilitated the commission of the offence.
3. Learned counsel for the applicant submits that the applicant is an
innocent person who has been falsely implicated in the present case. He
further submits the victim, in her statement, has categorically stated that
the present applicant has not committed any offence against her and, on
the contrary, has stated that the applicant had in fact helped her escape
from the clutches of the other co-accused persons. He also submits that
there is no independent or reliable eyewitness to the alleged incident, and
the prosecution case is based solely on circumstantial evidence, which is
weak, incomplete, and insufficient to establish the guilt of the present
applicant. The investigation has been completed and the charge-sheet
has been filed. However, the trial is likely to take a considerable period of
time, and the applicant has already spent a significant period in judicial
custody. A bare perusal of the FIR shows that there are no specific or
incriminating allegations against the present applicant. He also submits
that the applicant has no criminal antecedents and he has been in jail
since 27.11.2025, conclusion of the trial may take some time, therefore,
he prays for grant of regular bail to the applicant.
4. On the other hand, learned State counsel opposes the bail application of
the applicant and submits that the charge-sheet has already been filed
before the competent Court in the present case. She further submits that
the present applicant, along with other co-accused persons, namely Ajay
Agariya and others committed gang rape with the victim. However, she
could not dispute the fact that the victim, in her statement, has
categorically stated that the present applicant has not committed any
offence against her and, on the contrary, has stated that the applicant
had in fact helped her escape from the clutches of the other co-accused
persons. Therefore, looking to the nature of the allegation against the
applicant, he is not entitled to be grant of regular bail in the present case.
5. I have heard learned counsel for the parties and perused the case diary.
6. Considering the submissions of learned counsel for the parties and upon
perusal of the material available on record, it appears that victim, in her
statement, has categorically stated that the present applicant has not
committed any offence against her and, on the contrary, has stated that
the applicant had in fact helped her escape from the clutches of the other
co-accused persons. Furthermore, the charge-sheet has already been
submitted before the competent Court and the applicant has been in jail
since 27.11.2025. The conclusion of the trial may take some time.
Therefore, this Court is of the considered view that the present applicant
is entitled to be released on bail.
7. Let the Applicant - Bholeshwar Sidar, involved in Crime No. 293/2025,
registered at Police Station Lailunga, District Raigarh (C.G.) for the
offence punishable under Sections 70(1) and 138 of the Bhartiya Nyaya
Sanhita, 2023, be released on bail on furnishing personal bond with
two sureties in the like sum to the satisfaction of the Court concerned
with the following conditions:-
(i) The applicant shall file an undertaking to the effect that
he shall not seek any adjournment on the dates fixed for
evidence when the witnesses are present in court. In case
of default of this condition, it shall be open for the trial
court to treat it as abuse of liberty of bail and pass orders
in accordance with law.
(ii) The applicant shall remain present before the trial
court on each date fixed, either personally or through his
counsel. In case of his absence, without sufficient cause,
the trial court may proceed against his under Section 269
of Bharatiya Nyaya Sanhita.
(iii) In case, the applicant misuses the liberty of bail during
trial and in order to secure his presence, proclamation
under Section 84 of BNSS. is issued and the applicant
fails to appear before the court on the date fixed in such
proclamation, then, the trial court shall initiate
proceedings against him, in accordance with law, under
Section 209 of the Bharatiya Nyaya Sanhita.
(iv) The applicant shall remain present, in person, before
the trial court on the dates fixed for (i) opening of the case,
(ii) framing of charge and (iii) recording of statement
under Section 351 of BNSS. If in the opinion of the trial
court absence of the applicant is deliberate or without
sufficient cause, then it shall be open for the trial court to
treat such default as abuse of liberty of bail and proceed
against him in accordance with law.
8. Office is directed to send a certified copy of this order to the trial Court
concerned for necessary information and compliance forthwith.
- Sd/-
(Ramesh Sinha)
Chief Justice
Abhishek
