1 2025:CGHC:33734 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4859 of 2025 Tilak Nishad S/o Mahendra Nishad Aged About 27 Years R/o Thakurientola, Verma Kirana Dukan Gali, P.S. Patan District Durg Chhattisgarh. ... Applicant versus State of Chhattisgarh Through Police Station Patan, District Durg Chhattisgarh. ... Respondent For Applicant : Mr. Shikhar Bakhtiyar, Adv. For Respondent/State : Ms. Priya Sharma, P.L. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order On Board 17/07/2025 1. Despite service of notice to the victim, none appeared on her behalf. 2. The applicant has preferred this 1st bail application under Section 483 of Bhartiya Nagrik Suraksha Sanhita Act 2023 for grant of regular bail as he is arrested in connection with crime No. 54/2025, registered at Police Station – Patan, District- Durg (C.G.) for offence punishable under Sections 137(2), 87 & 64(2)(M), 3(5) of the BNS and Section 5 (L) & 6 of the POCSO Act, 2012. 3. The prosecution's case, in short, is that the father of the victim lodged a report at Police Station Patan on 25/03/2025, stating that his minor daughter (the victim) had gone missing from home since 20/03/2025. Based on which, a case of kidnapping and missing person was registered. During investigation, on 28/03/2025, the victim was recovered from a farmhouse located in Village Tulsi from the possesion of co-accused Sukhchand. Her statement under Section 180 of the BNSS was recorded, in which she stated that she had been enticed SHUBHAM SINGH RAGHUVANSHI Digitally signed by SHUBHAM SINGH RAGHUVANSHI Date: 2025.07.17 17:18:34 +0530 2 and abducted by the co-accused Sukhchand Dhruv. She further disclosed that the applicant/accused Tilak Nishad and his friend/co- accused Purushottam assisted in the commission of the abduction. Based on above, offence has been registered against the applicant. 4. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the crime in question. He further submits that the charge-sheet has been filed and in the whole charge- sheet, no allegation has been levelled against the applicant. The victim was also not recovered from the possession of the applicant. Further, the applicant is in jail since 05.04.2025 and the trial is likely to take time to be finalized, therefore, it is prayed that the applicant may be enlarged on bail. 5. Per contra, learned Counsel appearing on behalf of the State opposes the bail application and submits that from the statement of co-accused Sukhchand, the applicant herein had assisted Sukhchand as the victim was taken to Raipur Jora by the applicant on a motorcycle, therefore, the applicant may not be released on bail. 6. I have heard learned Counsel appearing for the parties and perused the material available on record. 7. Considering the facts and circumstances of the case, evidence collected by the prosecution, detention period of the applicant and the fact that charge-sheet has been filed and the applicant is not the main accused. Further considering that the trial is likely to take time to be finalized, without further commenting on merits of the case, I am inclined to release the applicant on bail. 8. Accordingly, the bail application is Allowed. 9. It is directed that the applicant shall be released on bail on executing a personal bond for a sum of Rs. 20,000/- with one solvent surety for the like sum to the satisfaction of the Trial Court for his appearance before the said Court as and when directed. Sd/- (Sanjay Kumar Jaiswal) Judge Shubham