1 2025:CGHC:11835 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1235 of 2025 • Virendra Ekka S/o Shri Vishvanath Ekka Aged About 19 Years R/o- Village- Badadmali, P.S. Darima, District- Surguja (C.G.) (Name Of Applicant As Per The Rejection Order). ... Applicant(s) versus State of Chhattisgarh, Through Station House Officer, Police Station - Darima, District - Surguja, (C.G.) --- Respondent For Applicant : Mr. Anuj Pandey, Advocate on behalf of Mr. Rajendra Patel, Advocate For Respondent/State : Ms. Prabha Sharma, PL. Hon'ble Shri Justice Arvind Kumar Verma Order on Board 10/03/2025 1. This is first bail application filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhita 2023 for grant of regular bail to applicant, who has been arrested in connection with Crime No.19/2024, registered at Police Station - Darima, District - Surguja, (C.G.), for commission of offence punishable under Sections 363, 366, 376(2)(n), of the IPC and Section 5(L) r/w 6 of the Protection of Children from Sexual Offences Act. 2. Case of prosecution, in brief, is that present applicant alongwith co- accused persons (Rameshwar Ekka & Fancis) have abducted the minor victim and, thereafter, assaulted the victim and her brother by means of hands and fists, they have abused them in filthy languages. Accused persons have also committed forceful sexual intercourse with the minor victim. Based upon report, applicant was arrested in aforementioned 2 crime/offence. 3. Learned counsel for the applicant submits that applicant has been falsely implicated in this case, he has not committed any offence as alleged against him. Victim and her uncle (Bade Papa) have examined before the trial Court and have not supported the case of prosecution. Complainant has raised no objection in granting bail to the applicant before the trial Court. There is no any other criminal antecedents against the applicant. Applicant is in jail since 05.03.2024, conclusion of trial may take some time, hence, applicant may be released on bail. 4. Per contra, learned State Counsel opposes the bail application and submits that there is specific allegation against the applicant of committing aforesaid offence/crime with minor victim. MLC of the victim is found positive, hence, applicant is not entitled for grant of regular bail. 5. Heard learned counsel for the parties. 6. Pursuant to order of this Court, prosecutrix/victim is appeared before this Court and raised no objection in granting bail to the applicant. 7. Considering facts of the case, nature of allegations, submission of learned counsel for the parties, evidence of the victim, the fact that accused persons have abducted the minor victim and, thereafter, committed forceful sexual intercourse with her, they assaulted the victim and her brother by means of hands and fists and have abused them in filthy languages, particularly the submission that MLC of victim is found positive and present applicant is also involved in the alleged commission of crime/offence, I am not inclined to allow this bail application. 8. Accordingly, bail application is rejected. Certified copy as per rules. Sd/- (Arvind Kumar Verma) Judge J.