1 2025:CGHC:22736 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3537 of 2025 1 - Rajveer Yadav S/o Rambir Yadav Aged About 19 Years R/o Madan, Sanvara, P.S. And District Pali, District Korba (C.G.) ... Applicant Versus 1 - State Of Chhattisgarh Through- Police Station- Pali, Distt. Korba (C.G.) ... Respondent For Applicant : Mr. Vikas Kumar Pandey, Advocate For Respondent : Mr. Keshav Prasad Gupta, Government Advocate SB: Hon'ble Shri Parth Prateem Sahu, Judge ORDER ON BOARD 09/06/2025 1. This is the first bail application filed by the applicant under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 452/2023 registered at Police Station – Pali, District – Korba, Chhattisgarh for the offences punishable under Sections 376 (D) r/w. 34 of the Indian Penal Code, 1860 and under Section 4, 6 of the Protection of Children from Sexual Offences Act, 2012 (as per charge-sheet). 2. Case of prosecution is that, victim along with her father lodged report in the concerned police station on 15.11.2023 stating that the applicant along with other co-accused persons have committed forceful sexual intercourse with her on 07.03.2023. Based upon which, statement of the SHUBHAM DEY Digitally signed by SHUBHAM DEY 2 victim was also recorded under Section 161 and 164 of Cr.P.C. and thereafter, the applicant was arrested on 15.11.2023. 3. Learned counsel for the applicant submit that applicant is innocent, he has been falsely implicated in the instant crime, he has not committed any offence as alleged. He submits that the F.I.R. was lodged with a delay of 08 months and therefore, prima facie, the allegation leveled against the applicant is false and baseless. He contended that a report was lodged against the father of the victim for commission of alleged offence punishable under Section 307 of the IPC. In the said crime, father of the vicitm was arrested and soon after his release on bail, the false report was lodged against the applicant and other accused persons. He also contended that the allegation of commission of rape is lodged against accused Sunil Yadav and Sachin which is of 27.04.2022. The material witnesses have already been examined before the learned Trial Court. Applicant is in jail since 15.11.2023, hence, he may be enlarged on bail. 4. On the other hand, learned State counsel vehemently opposes the submission made by learned counsel for the applicant and would submit that there are specific allegations against the applicant of gang rape along with other co-accused persons on 07.03.2023. He also contended that due to the forceful intercourse, the victim conceived and also delivered a baby girl which is also appearing from the evidence enclosed along with the bail application. On the date of incident, victim was a minor girl aged less than 15 years. He submits that the trial is in progress and till 22.01.2025, 09 witnesses have been examined before the learned Trial Court. 5. At this stage, learned counsel for the applicant would submit that after 22.01.2025, none of the prosecution witnesses have been examined and till date, only 09 witnesses out of 25 witnesses have been examined. 3 6. Pursuant to the notice issued by this Court, victim appeared before this Court in person and she submits that she is having no objection in grant of bail to the applicant. 7. I have heard learned counsel for the respective parties. 8. Taking into consideration, facts and circumstances of the case, nature of allegations, submission of learned counsel for the respective parties, documents enclosed along with the bail application, I do not find present to be a fit case to allow the application for grant of bail. 9. Accordingly, the application for grant of bail is dismissed. However, considering the submission of the counsel for the applicant that the applicant is in jail since 15.11.2023, learned Trial Court is directed to expedite the trial and take all measures under the law for causing presence of prosecution witnesses. Certified copy as per rules. Sd/- (Parth Prateem Sahu) Judge Dey