1 2025:CGHC:61164 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9578 of 2025 1 - Om Ahirwar @ Chhotu S/o Late Udal Ahirwar Aged About 22 Years R/o Village-Devrikhurd, Police Thana - Torwa, District Bilaspur Chhattisgarh ... Applicant(s) versus 1 - State Of Chhattisgarh Through - Police Station City Kotwali, District - Bilaspur Chhattisgarh ... Non-applicant(s) For Applicant : Shri Sanjay Kumar Yadav, Advocate. For Non-applicant : Shri Anmol Sharma, Panel Lawyer Hon'ble Shri Justice Narendra Kumar Vyas Order On Board 16.12.2025 1. The applicant has preferred this first bail application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail as he is in jail since 27.03.2024 in connection with Crime No. 158/2024 registered at Police Station City Kotwali, District – Bilaspur (C.G.) for the offence punishable under Sections 365, 376 (DA) of IPC, Sections 5(G), 6 of the POCSO Act, 2012. 2. The case of the prosecution, in brief, is that the complainant KISHORE KUMAR DESHMUKH Digitally signed by KISHORE KUMAR DESHMUKH Date: 2025.12.16 17:09:32 +0530 2 lodged a complaint alleging that she resides with her mother, sister-in- law, brother-in-law, and elder sister at Atal Awas, Dayalband, and is working as a salesgirl in a ready-made garment shop at Mansarowar Chowk. She was acquainted with Shyam Nayak and Rohit Nayak prior to incident. On 26.03.2024, while she was returning to her house at about 9:30 p.m., and when she reached near Maharani Lakshmi Bai School, the co-accused Shyam Nayak, Rohit Nayak, and the present applicant arrived on a motorcycle. It is alleged that Rohit Nayak caught hold of her hand and forcibly took her on the motorcycle to the open ground at Butapara, where they committed sexual offences upon her. Thereafter, she was left in the morning near Maharani Lakshmi Bai School. She narrated the incident to her family members and thereafter lodged a complaint at the concerned Police Station for registration of offences under Sections 365 and 376(D) of the IPC and Sections 4 and 6 of the POCSO Act against the applicant and co-accused. After completion of usual investigation, including conduct of a test identification parade, the prosecution filed the charge-sheet. 3. Learned counsel for the applicant would submit that the applicant has been falsely implicated in the present case, he has no criminal antecedents, and he is in custody since 27.03.2024, i.e., for more than one year and seven months. It is further submitted that the victim has already been examined before the trial Court and has turned hostile, and no incriminating material has surfaced in the medical report. On these grounds, he would pray for grant of bail to the applicant. 4. Learned counsel for the applicant would further submit that there was a love affair between the co-accused and the victim. It is contended that the victim did not raise any alarm or objection when she was 3 allegedly taken on the motorcycle to the open ground and, in her cross- examination, she has stated that it was Rohit Nayak who committed sexual intercourse and the present applicant was not involved in the commission of the offence, therefore, the present applicant may be granted benefit of bail. 5. Per contra, learned counsel for the State opposes the bail application and would submit that the prosecution has collected sufficient material to prima facie establish the involvement of the applicant in the offence and also considering the gravity and seriousness of the offence, he would pray for rejection of the bail application. 6. I have heard learned counsel for the parties and perused the case diary. 7. From a bare perusal of the case diary, it is quite evident that the applicant has helped the co-accused in carrying the victim on motorcycle as such he has acted as an abettor in the offence. Also, considering the nature of allegations pertains to abduction and commission of gang sexual assault, I am not inclined to release the applicant on bail. 8. The bail application filed by the applicant is liable to be dismissed and accordingly dismissed. Sd/- (Narendra Kumar Vyas) Judge kishore