1 2025:CGHC:5084 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 137 of 2025 1 - Tijiya Malik W/o Late Jhagga Malik Aged About 58 Years R/o Basor Basti, Majganwa, Police Station Majganwa, District Satna, M.P. Present Adress C- Market, Sector-06, Bhilai Police Station Bhilainagar, District Durg (C.G.) ... Applicant(s) versus 1 - State Of Chhattisgarh Through - Police Station - Bhilai Nagar, District Durg (C.G.) ... Respondent(s) For Applicant(s) : Shri Vikas Kumar Pandey, Advocate. For the State : Ms. Binu Sharma, Panel Lawyer. Hon’ble Shri Justice Arvind Kumar Verma Order on Board 28/01/2025 1. The applicant has preferred first bail application under Section 483 of Bhartiya Nagrik Suraksha Sanhita for grant of regular bail as he has been arrested in connection with Crime No.314/2024 registered at Police Station Bhilai Nagar, District Durg (C.G.) for the offence punishable under Sections 137(1)([k), 49 of BNS and Section 17 of POCSO Act. 2. The case of the prosecution in brief is that father of prosecutrix has lodged missing report against unknown person thereafter prosecutrix NARESH KUMAR KAMDE Digitally signed by NARESH KUMAR KAMDE Date: 2025.01.29 17:58:16 +0530 2 has been recovered and she stated that the co-accused person has committed sexual intercourse with her and the present applicant also helped the co-accused person, thereafter police investigated the matter and arrested the applicant for the aforesaid offences. 3. Learned counsel for the applicant submits that there is love affair between the co-accused and prosecutrix, applicant is aged about 58 years and due to long detention in jail with hard criminal her life will be spoiled, there is no evidence on record to show that the applicant has committed sexual intercourse with the prosecutrix, applicant is in jail since 29/10/2024, hence, she may be released on bail. 4. Learned counsel for the State opposes the submission made by learned counsel for the applicant. Hence, she is not entitled for grant of bail. 5. On 24/01/2025 victim along with her father appeared before this Court through video conferencing from the concerned DLSA and they strongly objected for grant of bail to the applicant. Their objection is taken on record. 6. Heard learned counsel for the parties and perused the case diary. 7. Considering the entire facts and circumstances of the case, further considering that present applicant has only helped the co-accused, applicant is aged about 58 years, she is in jail since 29/10/2024, charge-sheet has already been filed and it will take more time to conclude the trial, prosecution has not shown that applicant has tried to tamper of witnesses or evidences, there is no previous antecedent, therefore, I am inclined to allow bail application of applicant. 8. Accordingly, bail application is allowed. It is directed that applicant - 3 Tijiya Malik shall be released on regular bail, on her furnishing bail bond in sum of Rs.10,000/- with one surety in the like sum to the satisfaction of the Court on the conditions that- a) She shall appear before the Trial Court regularly on each and every date, unless exempted from appearance. b) She shall not, in any manner, tamper with the prosecution witnesses. c) If she is found involved in similar offence in the future, it will be open for the State to apply for cancellation of Bail. Certified copy as per rules. Sd/- Sd/- (Arvind Kumar Verma) JUDGE Kamde