1 2025:CGHC:5772 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 885 of 2025 Ashish Bhagat S/o Late Karma Ram Aged About 24 Years R/o Village Kamarima, Police Outpost Pandrapath, Police Station Bagicha, District Jashpur, Chhattisgarh. ... Applicant versus State of Chhattisgarh Through The S H O, Police Station Bagicha, District Jashpur, Chhattisgarh. ... Non-applicant For Applicant : Mr. Varunendra Mishra, Advocate For Non-applicant/State : Mr. Nitansh Jaiswal, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 31.01.2025 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. 112/2024 registered at Police Station – Bagicha, District Jashpur (C.G.), for the offence punishable under Sections 376 and 366 of the Indian Penal Code. 2. According to the prosecution's story, on 13.06.2024, the victim lodged a written complaint against the applicant. The victim, a Community Health OfÏcer at Village Kamarima, alleged that on 2 12.06.2024, the applicant took her in a different direction while returning from Sanna Bazar and committed forceful sexual intercourse. An FIR was registered under Section 376 of the IPC, and later, a charge sheet was filed, adding the offense under Section 366 of the Indian Penal Code. 3. Learned counsel for the applicant would submit that the applicant has been falsely implicated in this case. He further submits that there is no evidence available on record to show that the applicant has committed sexual intercourse with the victim. He also submits that the present applicant has been in jail since 14.06.2024, and conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the present applicant. 4. On the other hand, learned State Counsel opposes the bail application of the present applicant and submits that the applicant/accused made forcefully physical relation with the victim. Therefore, the bail application of the present applicant is entitled to be dismissed. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, submissions of learned counsel for the parties, nature of dispute and material available in the case diary, prima facie it appears that the present applicant has committed forcefully sexual intercourse with the victim, therefore, this Court is of the opinion that it is not a fit case to enlarge the applicant on bail. 3 7. Accordingly, the bail application of the applicant – Ashish Bhagat, involved in Crime No. 112/2024 registered at Police Station – Bagicha, District Jashpur (C.G.), for the offence punishable under Sections 376 and 366 of the Indian Penal Code, is rejected. 8. OfÏce 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 ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.02.03 11:03:15 +0530