1 2025:CGHC:28179 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4910 of 2025 Suresh Tirkey S/o Heera Tirkey Aged About 36 Years R/o- Kotraroad, Rajeev Nagar, Gali No. 1, Raigarh, Tehsil And District- Raigarh (C.G.) ... Applicant versus State of Chhattisgarh Through Station House Officer, City Kotwali District- Raigarh (C.G.) ... Non-Applicant For Applicant : Mr. Sanjay Agrawal, Advocate. For Non-Applicant/State : Mr. Soumya Rai, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 26.06.2025 1. This is the First bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 131/2025 registered at Police Station – City Kotwali, District – Raigarh (C.G.), for the offence punishable under Sections 296, 351(2), 115(2), 118(2) of the Bhartiya Nyaya Sanhita, 2023. 2. As per the prosecution story, the victim lodged a First Information Report (F.I.R.) on 25.03.2025, alleging that she is a tenant at the ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.06.27 10:39:47 +0530 2 house of one Geeta Sahu and runs a beauty parlour. On 24.03.2025, at around 17:00 hours, the victim, who was acquainted with the present applicant, went somewhere with him. They both returned to the victim’s residence at around 2:30 AM. The applicant was heavily intoxicated, and under the influence of alcohol, he began abusing the victim. In the course of this incident, the applicant allegedly struck the victim with a lock and bit her on various parts of her body. Consequently, the aforementioned offences were registered against the applicant. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. He submits that no offence, as alleged, is made out against the applicant, as the victim is a major and is a contesting party in the present case. He submits that all the offences alleged are bailable, except for the offence under Section 118(2) of the Bharatiya Nyaya Sanhita, 2023 (corresponding to Section 326 of the IPC). However, the prosecution has wrongly invoked this section, as there is no grievous injury caused to the victim. He submits that the prosecution had sought a medical opinion regarding any fracture, and in response to the query, the medical examiner clearly stated that no fracture was found on the body of the victim. He further submits that no such offence has been committed by the applicant. He submits that there was a love affair between the applicant and the complainant, which is corroborated by the statement of the complainant’s friend. In her statement recorded under Section 183 of the BNSS, 2023 (corresponding to Section 161 of the Cr.P.C.), she confirmed that the applicant and 3 the complainant were in a relationship for the past 2–3 years. Her statement itself indicates that there was a dispute between the parties, and the applicant has been falsely implicated in a fabricated case. He also submits that the present applicant is in jail since 26.03.2025, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, learned State counsel opposes the bail application of the present applicant and submits that the victim, familiar with the applicant, went somewhere with him and returned home around 2:30 am, the applicant, heavily intoxicated, allegedly abused the victim, striking her with a lock and biting her on various body parts, therefore, the applicant is not entitled for grant of regular bail in the present case. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, submissions of learned counsel for the parties, nature of dispute and material available in the case diary and further the fact that the victim, who is familiar with the applicant, went somewhere with him and returned home around 2:30 am, the applicant, heavily intoxicated, allegedly abused the victim, striking her with a lock and biting her on various body parts, therefore, this Court is of the opinion that it is not a fit case to enlarge the applicant on bail. 7. 7. Accordingly, the first bail application of the applicant – Suresh Tirkey, involved in Crime No. 131/2025 registered at Police Station 4 – City Kotwali, District – Raigarh (C.G.), for the offence punishable under Sections 296, 351(2), 115(2), 118(2) of the Bhartiya Nyaya Sanhita, 2023, is rejected. 8. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 9. Office 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 Abhishek