Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:4086
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 9046
of 2024
1. Amit Ekka S/o Rajaram Aged About 20 Years. 2. Saval Ekka S/o Nirdosh Ekka Aged About 19 Years. Both are R/o Village Birimadega, Tahsil Bagbahar, District Jashpur, Chhattisgarh. ... Applicants versus • State of Chhattisgarh Through The District Magistrate, District Jashpur, Chhattisgarh. (Police Station Bagbahar, District Jashpur, Chhattisgarh.). --- Respondent For Applicants
: Mr. Dinesh Yadav, Advocate. For Respondent/State : Mr. Karan Bahrani, PL. Hon'ble Shri Justice Arvind Kumar Verma Order on Board 22/01/2025
1. This is first bail application filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhita 2023 for grant of regular bail to applicants, who have been arrested in connection with Crime No.19/2024, registered at PS – Bagbahar, District Jashpur, Chhattisgarh, for commission of offence punishable under Sections 341, 363, 366, 366(A), 376(D) of the IPC & Section 4 & 6 of the Protection of Children from Sexual Offences Act. 2. Case of prosecution, in brief, is that present applicants alongwith other co-accused persons have taken the minor victim in the agricultural field/forest and thereafter committed forceful sexual intercourse with her. Based upon report, FIR was registered and applicants have been
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arrested in the aforementioned crime. 3. Learned counsel for the applicants submits that applicants have been falsely implicated in this case, they have not committed any offence as alleged against them. Victim in her evidence has not made any allegation of rape against the present applicants. There is no any other previous criminal antecedent against the applicants, they are in jail since 26.01.2024, charge sheet has been filed, conclusion of trial may take some time, hence, they may be released on bail. 4. Learned counsel for the State opposes the submission made by learned counsel for the applicants and would submit that there is specific allegation against the applicants of committing the aforesaid offence/crime with minor victim, hence, they are not entitled for grant of bail. 5. Heard learned counsel for the parties. 6. Pursuant to order of this Court, victim appeared before this Court by virtual mode from the concerned DLSA. She submits that she is having objection in granting bail to applicants. Her submission is recorded. 7.
Considering facts of the case, nature of allegations, statement of victim recorded under Section 164 of Cr.PC, wherein she has made specific allegation against the applicants, I am not inclined to allow this bail application. 8. Accordingly, bail application is hereby rejected. Certified copy as per rules. Sd/-
(Arvind Kumar Verma)
Judge J.