1 2025:CGHC:5640 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 393 of 2025 Abhay Manish Tirkey S/o Amosh Tirkey Aged About 24 Years Caste - Uraon, Resident of Village Sukbasupara Basantala, Police Station Narayanpur, District Jashpur ( C.G. ) ... Applicant versus State of Chhattisgarh Through Station House OfÏcer, Police Station Narayanpur, District – Jashpur ( C.G. ) …. Non-applicant For Applicant : Mr. Manoj Chauhan, Advocate. For Non-applicant/State : Mr. Malay Jain, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 30.01.2025 1. This is the First bail application filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the applicants arrested in connection with Crime No. 26/2023 registered at Police Station – Narayanpur, District – Jashpur (C.G.) for the offence punishable under Sections 376 of the Indian Penal Code (IPC). 2. Case of the prosecution, in brief, is that on 12.04.2023 the victim lodged report at Police Station, Narayanpur, alleging therein that she RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 along with her mother-in-law went to Fokatpara in the house of one Arnes Kujur, but her mother-in-law stayed in the house of Arnes Kujur and the victim was returning from Fokatpara to Beltoli, at that time, the applicant told to give company to her and when they reached near the field of Ranjeet Lakra, the applicant caught hold her and committed sexual intercourse with her, the incident was narrated by the victim to her husband as well as Sarpanch of Village and thereafter she lodged report. On the basis of said report, the Offence has been registered against the applicant. Hence, this application. 3. Learned counsel appearing for the applicants submits that the applicants are innocent and has been falsely implicated in the present case. It is submitted that the applicants are in jail since 13.04.2023, and the conclusion of the trial shall take quite long time. Therefore, he prays for grant of bail. 4. On the other hand, learned State counsel, opposes the bail application and submits that from the perusal of the statement of the victim who is a married women aged about 29 years, she has categorically stated that the applicant has committed rape on her, after the incident she complaint about the said fact to her husband, and also to the Sarpanch of the Village, and thereafter, the FIR was lodged, and there is no any reason for false implication of the applicant. As such, the bail application deserves to be rejected. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case and also considering the fact that from the perusal of the statement of the 3 victim who is a married women aged about 29 years, she has categorically stated that the applicant has committed rape on her, after the incident she complaint about the said fact to her husband, and also to the Sarpanch of the Village, and thereafter, the FIR was lodged, and there is no any reason for false implication of the applicant, therefore, this Court is of the opinion that it is not a fit case to enlarge the applicants on regular bail. 7. Accordingly, this bail application of applicant – Abhay Manish Tirkey involved in Crime No. 26/2023 registered at Police Station – Narayanpur, District – Jashpur (C.G.) for the offence punishable under Sections 376 of the IPC, is rejected at this stage. 8. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 9. OfÏce 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 Rajshekhar