1 2025:CGHC:234 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8190 of 2024 Vikki Ogre S/o Shri Ram Ogre Aged About 18 Years R/o Village Bhadrali, P.S. Mungeli District Mungeli Chhattisgarh. ... Applicant versus State of Chhattisgarh Through Station House Officer, City Kotwali District Mungeli Chhattisgarh. --- Respondent For Applicant : Mr. Arpit Lal, Advocate For Respondent/State : Ms. Sunita Sahu, PL. Hon'ble Shri Justice Arvind Kumar Verma Order on Board 02/01/2025 1. This is first bail application filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhita 2023 for grant of regular bail to applicant, who has been arrested in connection with Crime No.372/2024, registered at PS – City Kotwali, District -Mungeli, (C.G.), for commission of offence punishable under Sections 64, 351(2), 138, 3(5) of BNS & Sections 4 & 6 of the Protection of Children from Sexual Offences Act. 2. Case of the prosecution in brief is that victim/prosecutrix lodged report/complaint before the concerned Police Station mentioning therein that on 27.09.2024 when she was at agricultural field, present applicant alongwith one Bhushan Barman came there. Thereafter, accused Bhushan Barman pressed her mouth, took her to nearby sugarcane field and committed forceful sexual intercourse with her knowing that she was 2 minor. He also threatened to kill her if she tells this to anyone. The present applicant has also involved in the alleged act/crime as he assisted Bhushan Barman. Based upon report, FIR was registered against the applicant and he has been arrested. 3. Learned counsel for the applicant submits that applicant has been falsely implicated in this case, he has not committed any offence as alleged against him. Applicant met with an accident, due to which, he suffered grievous injuries and remained admitted in the hospital from 02.09.2024 to 07.09.2024 and thereafter continuously taken treatment, hence, how it is possible that he was involved in the alleged act/crime in any manner. Applicant is a student, aged about 20 years and is in jail since 04.10.2024, charge sheet has been filed, conclusion of trial may take some time, hence, he may be released on bail. 4. Learned counsel for the State opposes the submission made by learned counsel for the applicant and would submit that as per prosecution case on 27.09.2024 when victim/prosecutrix was at agricultural field, present applicant alongwith his friend Bhushan Barman came there and accused Bhushan Barman pressed her mouth, took her to nearby sugarcane field and committing forceful sexual intercourse with her. However, when the accused Bhushan received phone call, he alongwith the present applicant fled away from the spot. Hence, it is established that present applicant was also involved in the alleged act/crime, therefore, he is not entitle for grant of bail. 5. Heard learned counsel for the parties. 6. Considering facts of the case, submissions of learned counsel for the parties, nature of allegations, the fact that accused Bhushan Barman committed forceful sexual intercourse with the victim at sugarcane field and also threatened to kill her if she tells this to anyone, present applicant 3 accompanied with the accused Bhushan Barman on the spot and fled away from there with him which shows the involvement of the present applicant in the alleged act/crime, further considering that it is a case of gang rape, I am not inclined to allow this bail application. 7. Accordingly, bail application is hereby rejected. Sd/- (Arvind Kumar Verma) Judge J.