1 2025:CGHC:5910 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 489 of 2025 1 - Deepak Tirki S/o Karan Sai Tirki Aged About 25 Years Village Birimadega, Tahsil Bagbahar, District- Jashpur ( C.G.). ... Applicant (s) versus 1 - State Of Chhattisgarh Through- The Station House Officer, Police Station Bagbahar, District- Jashpur ( C.G.). ... Respondent(s) For Applicant (s) : Shri Shiv Sewak, Advocate appearing on behalf of Shri Dinesh Yadav, Advocate. For the State : Ms. Prabha Sharma, Panel Lawyer. Honn’ble Shri Justice Arvind Kumar Verma Order on Board 31/01/2025 1. The applicant has preferred first bail application under Section 483 of Bhartiya Nagrik Suraksha Sanhita for grant of regular bail as he has been arrested in connection with Crime No.19/2024 registered at Police Station Bagbahar, District Jashpur (C.G.) for the offence punishable under Sections 341, 363, 366, 366 (A), 376 (D) of IPC and Sections 4 & 6 of Protection of Children from Sexual Offences Act, 2012. NARESH KUMAR KAMDE Digitally signed by NARESH KUMAR KAMDE Date: 2025.02.04 10:49:44 +0530 2 2. The case of prosecution, in brief, is that in the night of 24.01.2024 / 25.01.2024, the present applicant and other co-accused persons have taken the prosecutrix in the forest and committed sexual intercourse upon her. 3. Learned counsel for the applicant submits that he has falsely implicated in the present case and he has not committed any offence. He further submits that victim and complainant have been examined before the learned trial Court and they have complete hostile the present case, hence he may kindly be released on bail. 4. Learned counsel for the State opposes the submission made by learned counsel for the applicant and submits that offence committed by applicant is of grievous nature. She further pointed out that FSL report is positive, hence, he is not entitled for grant of bail. 5. Today, victim has appeared before this Court through video conferencing from the concerned DLSA and stated that she has no objection with regard to grant of bail to the applicant. Her statement is taken on record. 6. I have heard learned counsel for the parties at length with and perused the case diary. 7. On perusal of the case diary it is found that it is a case of gang rape and after matching sperm it found that co-accused Rakesh Tirkey, Sachin Tirkey and present applicant the FSL report is positive. Looking to the seriousness of offence, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. 8. Accordingly, the bail application of the applicant Deepak Tirki filed under Section 483 of BNSS involved in Crime No.19/2024 registered 3 at Police Station Bagbahar, District Jashpur (C.G.) for the offence punishable under Sections 341, 363, 366, 366 (A), 376 (D) of IPC and Sections 4 & 6 of Protection of Children from Sexual Offences Act, 2012, is rejected. However, learned trial Court is directed to expedite the trial as soon as possible. Sd/- (Arvind Kumar Verma) JUDGE Kamde