1 2025:CGHC:28286 HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4234 of 2025 1 - Shiva Bharti S/o Dukhu Bharti, Aged About 23 Years R/o Kharwanipara Police Station - Baramkela, District - Sarangarh Bilaigarh (C.G.) ... Applicant versus 1 - State of Chhattisgarh through Station House Officer Police Station - Baramkela, District - Sarangarh Bilaigarh (C.G.) ... Respondent For the applicant : Mr. Vikram Pratap, Advocate For the State : Mrs. Pragya Shrivastava, Dy. Govt. Advocate (Hon’ble Shri Justice Sanjay Kumar Jaiswal) Order on Board 26/06/2025 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. 166/2024 registered at Police Station Baramkela District Sarangarh-Bilaigarh for the offences u/ss 126(2)/3(5), 137(2)/3(5), A ANNAJEE RAO Digitally signed by A ANNAJEE RAO Date: 2025.06.28 11:48:11 +0530 2 87/3(5), 127(2)/3(5), 70(2) of Bharatiya Nyaya Sanhita 2023 and Section 5 (Chha)/6 of the Protection of Childrenfrom Sexual Offences Act. 2. The prosecution story is that on 17.10.2024 the victim minor girl along with her sister had gone to see Ghauthala mela with her friends Naresh Yadav and Ravi Sarathi and on the way, the applicant along with other accused intercepted the motorcycle of the victim girl and Naresh Yadav near Chantipali Hanuman temple and forcibly snatched the motorcycle of Naresh Yadav and took the prosecutrix and Naresh Yadav to a house in Baramkela where the applicant along other co- accused have committed gang rape on the girl one by one. 3. Learned counsel for the applicant submits that the medical report does not show any external or internal injuries and there are contradictions in the court statements of prosecutrix and her family members. He further submits that the age of the prosecutrix has not been proved to show that she was minor and he has been falsely implicated in this case. He further submits that out of total 26 witnesses, only 9 have been examined and the applicant is in jail since 18.10.2024 and there is no immediate possibility of disposal of trial, therefore, the applicant may be enlarged on bail. 4. Per contra, learned State Counsel opposes the bail application and submits that the victim is a minor girl and she has supported the prosecution case in her Statements. 5. The victim girl along with her father has appeared through VC and objected to grant of bail. 3 6. Having considered the submissions made by learned counsel for the parties and the facts and circumstances of the case, I am not inclined to release him on regular bail. Accordingly, the bail application is rejected. 7. However, looking to the custody period of the applicant, the trial Court is directed to expedite the trial and ensure that the trial is concluded as early as possible. 8. Office is directed to send a certified copy of this order to the trial Court for necessary compliance. Sd/- (Sanjay Kumar Jaiswal) Judge Rao