1 2025:CGHC:5632 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 864 of 2025 1 - Dulga Nag S/o Pandu Nag Aged About 28 Years R/o Village- Chhotesohga, P.S. Anantpur District- Kondagaon (C.G.) 2 - Krishna Kumar Poyam S/o Mangduram Poyam Aged About 21 Years R/o Village- Chhotesohga, P.S. Anantpur District- Kondagaon (C.G.) 3 - Dhansingh Mandavi S/o Magdu Mandavi Aged About 22 Years R/o Village- Chhotesohga, P.S. Anantpur District- Kondagaon (C.G.) ... Applicant versus State of Chhattisgarh Through- The Police Station Anantpur, District – Kondagaon (C.G.) …. Non-applicant For Applicant : Mr. Pravin Kumar Tulsyan, Advocate. For Non-applicant/State : Mr. Bharat Gulbani, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 30.01.2025 1. This is the First bail application filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the applicants arrested in connection with Crime No. 44/2024 registered at Police Station – Anantpur, District – Kondagaon (C.G.) for the offence punishable under Sections 376(1-D), 323 and 341 of the Indian Penal Code (IPC). RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 2. Case of the prosecution, in brief, is that the victim has lodged the FIR against the present applicants alleging that the applicants had assaulted and committed forceful sexual intercourse with the victim while she was returning from Fair (Mela) along with her friends. On such complaint the Police have arrested the applicants and filed the charge-sheet before the competent Court. Hence, this application. 3. Learned counsel appearing for the applicants submits that the applicants are innocent and has been falsely implicated in the present case. It is submitted that the applicants are in jail since 08.06.2024, and the conclusion of the trial shall take quite long time. Therefore, he prays for grant of bail. 4. On the other hand, learned State counsel, opposes the bail application and submits that the victim is aged about 18 years old girl, and as per statement of the victim recorded under Section 164 of the CrPC she has categorically opposed the prayer of the present bail application, and alleged the crime against the applicant of Gang Rape. Moreover, the the statement of the victim recorded under Section 164 of CrPC fully corroborates the medical report and the FSL report is also found to be positive. As such, the bail application deserves to be rejected. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case and also considering the fact that the victim is aged about 18 years old girl, and as per statement of the victim recorded under Section 164 of the CrPC she has categorically opposed the prayer of the present bail 3 application, and alleged the crime against the applicant of Gang Rape. Moreover, the the statement of the victim recorded under Section 164 of CrPC fully corroborates the medical report and the FSL report is also found to be positive, therefore, this Court is of the opinion that it is not a fit case to enlarge the applicants on regular bail. 7. Accordingly, this bail application of applicants – Dulga Nag, Krishna Kumar Poyam, and Dhansingh Mandavi involved in Crime No. 44/2024 registered at Police Station – Anantpur, District – Kondagaon (C.G.) for the offence punishable under Sections 376(1-D), 323 and 341 of the IPC, is rejected at this stage. 8. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 9. 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 Rajshekhar