1 2025:CGHC:39850 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6288 of 2025 Ankit Khakha S/o Walter Khakha, Aged About 30 Years Caste - Oraon, R/o Village- Adarsh Nagar, P.S. Kunkuri, District Jashpur (C.G.) ... Applicant versus State of Chhattisgarh Through Police Station Kunkuri, District Jashpur (C.G.) ... Non-applicant For Applicant : Mr. Abhishek Banjare, Advocate For Non-applicant/State : Mr. Amit Verma, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 08.08.2025 1. This is the First bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 96/2025 registered at Police Station – Kunkuri, District Jashpur (C.G.), for the offence punishable under Sections 64, 332(b), 127(2) and 351(3) of the Bhartiya Nyaya Sanhita, 2023. 2. As per the prosecution’s case, on 25.04.2025, the victim lodged a report ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.08.12 10:59:14 +0530 2 at Police Station Kunkuri, alleging that at around 08:40 AM, while she was walking near her rented accommodation, she noticed an unknown young man standing outside the room of another tenant named Sheli. Feeling uneasy, she returned to her own room without locking the door. Shortly thereafter, the said unknown person entered her room and requested some water. When she handed him a bottle, he drank from it and then threw it inside the room. The said person then forcibly shut the door from inside, pushed the victim onto the bed, and when she screamed, he gagged her mouth and threatened to kill her if she resisted. Out of fear, the victim stopped resisting. The accused then allegedly disrobed both the victim and himself and committed forcible sexual intercourse (rape) upon her. The act continued for approximately half an hour. Based on her complaint, a criminal case was registered at Police Station Kunkuri as Crime No. 96/2025 under Sections 64, 332(b), 127(2), and 351(3) of the Bharatiya Nyaya Sanhita, 2023, against an unknown accused. During the investigation, the police allegedly identified the applicant, Ankit Khakha, as the person involved, based on a Test Identification Parade (TI Parade) and certain forensic findings. The victim is stated to have identified the applicant during the TI Parade. 3. The Forensic Science Laboratory (FSL) report indicates the presence of human semen on the vaginal smear slide, undergarments of the victim, and the mattress seized from the spot, which allegedly supports the claim of sexual assault. The applicant was thereafter arrested on 27.04.2025 and has remained in judicial custody since then. 4. Learned counsel for the applicant would submit that the applicant has been falsely implicated in this case. He submits that initial complaint was lodged against an unknown person, and the identity of the applicant has been wrongly established during the investigation without cogent 3 evidence. He also submits that present applicant has no criminal antecedents and he is in jail since 25.06.2025, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the applicant. 5. On the other hand, the learned State Counsel opposes the bail application of the present applicant and submits as per the prosecution’s case, on 25.04.2025, the victim lodged a report at P.S. Kunkuri alleging that around 08:40 AM, an unknown person entered her rented room under the pretext of asking for water, forcibly shut the door, pushed her onto the bed, gagged her mouth when she screamed, and threatened to kill her if she resisted. Thereafter, he allegedly disrobed both himself and the victim and committed forcible sexual intercourse, therefore, the bail application of the present applicant is entitled to be dismissed. 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. Considering the facts and circumstances of the case, submissions of learned counsel for the parties and further from the perusal of the statement of the victim recorded under Section 183 of the Cr.P.C., it transpires that on 25.04.2025, the victim lodged a report at P.S. Kunkuri alleging that around 08:40 AM, an unknown person entered her rented room under the pretext of asking for water, forcibly shut the door, pushed her onto the bed, gagged her mouth when she screamed, and threatened to kill her if she resisted. Thereafter, he allegedly disrobed both himself and the victim and committed forcible sexual intercourse, looking to the nature of the crime, this Court is of the opinion that it is not a fit case to enlarge the applicant on bail. 8. Accordingly, the bail application of the applicant – Ankit Khakha, 4 involved in Crime No. 96/2025 registered at Police Station – Kunkuri, District Jashpur (C.G.), for the offence punishable under Sections 64, 332(b), 127(2) and 351(3) of the Bhartiya Nyaya Sanhita, 2023, is rejected. 9. 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