1 2025:CGHC:11980 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1426 of 2025 Yugal Kishor Sahu S/o Ambalal Sahu Aged About 22 Years R/o Village Nara, Police Station Mandir Hasoud, Dist- Raipur (C.G.) ...Applicant versus State Of Chhattisgarh Through Station House Officer, P.S. Mandir Hasoud, District Raipur (C.G.) ... Respondent For Applicant : Mr. J.K. Gupta, Advocate For Respondent/State :Ms. Sunita Manikpuri, Deputy Govt. Advocate Hon'ble Shri Justice Arvind Kumar Verma Order on Board 11.03.2025 1. The applicant has preferred this Second bail application under Section 483 of the BNSS, 2023 for grant of bail as he has been arrested in connection with Crime No. 524/2023, registered at Police Station- Mandir Hasoud District Raipur (C.G.) for the offence punishable under Section 341, 294, 506, 323, 354, 354(a), 354(b), 354(c), 363, 365, 394, 395, 397, 376-D, 376-DA of IPC and Section 4 and 6 of POCSO Act. 2 2. Brief facts of this case is that the on 31.08.2023 complainant at around 12’o clock in the afternoon, she along with her fiance and minor sister went to village Tumgaon Mahasamund for tying Rakhi to her brother, after which they went to the house of their maternal Grandmother situated at Chhatouna from their they left for village Amasivni at night 8:30 o’clock and when they reached near Bhansoj canal around seven eight boys tried to stalk them for a while and after that forcefully snatched away the keys of their scooty and at the same time one boy took the phone of the complainant and after taking out the same gave it back to her. The boys hurled abused to the fiance of the complainant and also committed marpit with him. After that on the basis of showing knife committed forceful sexual intercourse with the complainant. 3. Learned counsel for the applicant contended that, the applicant is innocent and he has been falsely implicated in the alleged crime, he has not committed any offence as alleged against him. He also contended that the complainant in her 164 statement before the learned Trial Court has stated in para 8 of her statement that her sister told him that 8 boys have committed rape with her and her sister in his statement at para 32 has clearly stated that the present applicant was not present at the place of incident and she has not seen him. Moreover PW-15 3 doctor’s statement has been recorded in which the doctor has specifically stated in para 12,23 and 25 that neither there was any sign of immediate sexual intercourse with the victim no. 1 nor victim no. 2 nor any injuries were found on the body including the private parts of the victims. As the disposal of the case will take time, and till then it is not desirable to keep the applicant languishing in jail. Hence prays for allowing the present applicant and granting bail to the applicant in the interest of justice. 4. Per contra, learned counsel for the State opposes the bail application submitted by the applicant. She submits that the name of the present applicant is clearly mentioned along with other boys. There are chain of incriminating evidences available on record which clearly rule out the possibility that the present applicant was not involved in this heinous crime. 5. I have heard learned counsel for the parties, perused the case and other materials available on record. 6. Taking into consideration the facts and circumstances of the case and further considering the nature of offence, and the evidence available on record it is crystal clear that the applicant is involved in the crime and there are clinching chain of evidences which proves the same. Also the crime which has 4 been alleged to be committed is very heinous in nature and deserves to be rejected. Therefore, this court is of the considered opinion that this case is not a fit case to allow the bail application of the applicant. 7. Accordingly, the instant miscellaneous criminal appeal stands dismissed. 8. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance forthwith. sd/- (Arvind Kumar Verma) Judge alfiza