DASHRATH PATEL @ NANKU vs STATE OF CHHATTISGARH

NIRMALA
RAO
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CGHC010348882026 2026:CGHC:44804
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 8363 of 2026
1 - Dashrath Patel @ Nanku S/o Late Khimram Patel Aged About 31 Years R/o
Belakchhar Mohalla, P.S. Balco Nagar, District- Korba (C.G.)
2 - Chitrabhan Patel @ Bade Dau S/o Late Khimram Patel Aged About 34 Years R/o
Belakchhar Mohalla, P.S. Balco Nagar, District- Korba (C.G.)
... Petitioner(s)
versus
1 - State Of Chhattisgarh Through- The Station House Officer, Police Station Balco
Nagar, District- Korba (C.G.)
... Respondent(s)
For Applicant : Shri Syed Mohammad, Advocate.
For Non-applicant/State : Ms. Ritika Verma, P.L.
HON’BLE SHRI JUSTICE RAKESH MOHAN PANDEY
Order on Board
16/10/2026
1. The victim appeared alongwith her parents through video-conferencing
and raised serious objections to grant of bail to the applicants.
2. This is the first bail application filed under Section 483 of the Bhartiya
Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the
applicants who have been arrested in connection with Crime
No.0339/2026 registered at Police Station Balco Nagar, District Korba

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(C.G.), for the offence punishable under Sections 64, 64(1), 64(2)(m),
70(2), 75(1)(ii), 79, 351(3) & 3(5) of BNS and Sections 4, 6 & 12 of
POCSO.
3. As per the prosecution case, on 8.6.2026, the complainant lodged a
written complaint alleging that multiple co-accused persons had
established physical relations with the victim on different dates by
falsely professing affection, coercion or blackmail. The present
applicants are alleged to have made indecent gestures and comments
from a distance, without any allegation of physical assault, rape or
video recording against them. Thereafter, the aforesaid offences were
registered against the applicants.
4. Learned counsel for the applicants would contend that, although
allegations have been made against eight co-accused persons under
Sections 64, 64(1), 64(2)(m), 70(2), 75(1)(ii), 79, 351(3) & 3(5) of BNS
and Sections 4, 6 & 12 of POCSO but the allegations against the
present applicants are limited to acts covered under Section 79 of
BNS; namely, uttering words, making sounds or gestures, or engaging
in acts intended to insult the modesty of a woman. He would submit
that charges have already been framed against the applicants under
Section 79 of the BNS. He would further submit that the charge-sheet
has already been filed, the applicants have no criminal antecedents,
and they have been in jail since 9.6.2026. He would also contend that
the trial may take some time to conclude. He would, therefore, pray for
grant of regular bail to the applicants.
5. On the other hand, learned counsel for the State would oppose the bail
application and submit that the present applicants made gestures and
uttered words with the intention of insulting the modesty of the victim.

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She would further submit that allegations of sexual assault have been
made against eight accused persons. However, she fairly submits that
the victim has not named the present applicants in connection with the
commission of sexual assault. She would, nevertheless, pray for
rejection of the bail application.
6. I have heard learned counsel appearing for the parties and perused the
case diary.
7. Having considered the allegations levelled against the applicants, the
fact that charges have been framed against them under Section 79 of
the BNS, that the charge-sheet has already been filed, that the
applicants have been in jail since 9.6.2026, that they have no criminal
antecedents, and that the conclusion of the trial may take some time,
this Court is of the view that the applicants are entitled to be released
on bail in the present case.
8. Accordingly, the bail application filed by applicants is allowed and it is
directed that in the event of the applicants executing a personal bond
for a sum of Rs.50,000/- with one surety each to the satisfaction of the
concerned Trial Court, they shall be released on bail, on following
conditions :-
(i) they shall not directly or indirectly make any
inducement, threat or promise to any person
acquainted with the facts of the case so as to
dissuade them from disclosing such fact to the Court,
(ii) they shall not act in any manner which will be
prejudicial to fair and expeditious trial, and
(iii) they shall appear before the trial Court on each
and every date given to them by the said Court till
disposal of the trial,
(iv) they shall not involve themselves in any offence of
similar nature in future.

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The observations made in the course of this order are only for
considering the case of the applicants on the application for grant of
regular bail. The concerned trial Court shall not be influenced or bound
by the observations made in the course of this order.
Sd/-
(Rakesh Mohan Pandey)
JUDGE
Nimmi