1 2025:CGHC:41215 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5626 of 2025 1 - Budhwar Singh Tirkey S/o Rajesh Tirkey, Aged About 24 Years, R/o Saa. Baroudkhar, Thana - Bango, District - Korba, Chhattisgarh. ... Applicant versus 1 - State Of Chhattisgarh Through The Police Station - Pasan, District - Korba, Chhattisgarh. ... Respondent For Applicant : Mr. Aditya Kumar Mishra, Advocate. For Respondent/State : Ms. Sunita Manikpuri, Dy.G.A. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order on Board 14 / 08 / 2025 1. The accused/applicant has moved this first bail application under Section 483 of BNSS, 2023 for releasing her on regular bail during trial in connection with Crime No. 10/2023 registered at Police Station – Pasan, District –Korba (C.G.) for the offence punishable under Section 363, 366-A, 376(2)(N) of IPC and Section 4, 6 of POCSO Act. 2. The case of the prosecution is that, on 26.01.2023, mother of the Victim lodged a report at the police station Pasan stating SOURABH PATEL Digitally signed by SOURABH PATEL Date: 2025.08.14 16:56:59 +0530 2 that her minor daughter, had left the house at around 7:00 AM, informing that she was going to watch the Republic Day program at Rampur Chowk. However, she did not return home by evening. The family members searched for her in the nearby areas and among acquaintances, but when no information could be found, a report was filed. Based on the report, an offence was registered and investigation was initiated. During the course of investigation, efforts were made to trace the missing girl, and on 01.02.2023, victim was recovered from the residence of present applicant and the offence has been registered against him based on the statement of victim. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the case. It is argued that there is a love affairs between the victim and the applicant and she voluntarily accompanied the applicant, therefore, no case is made out against the applicant. He submits that the applicant has a clean record, with no criminal antecedents and has been incarcerated in jail since 03.02.2023 and the trial is likely to take considerable time to conclude, therefore, the applicant may be enlarged on bail. 4. On the other hand, learned State counsel opposed the bail application, submitting that at the time of the incident, the victim was a minor, aged about 13 years, and had supported the prosecution's case in her statement under Section 161 & 164 of the CrPC. Given the nature and gravity of the offence, the applicant should not be granted bail. 3 5. Today victim along with her mother appeared virtually from the concerned DLSA and raised her objection in granting bail to the applicant. 6. I have heard learned counsel for the parties and perused the case diary. 7. Considering the entire facts and circumstances of the case, particularly looking to the material available on record and the evidence against the applicant, I do not find any good ground to release the applicant on bail. 8. Accordingly, the bail application filed under Section 483 of BNSS, 2023 is rejected. 9. However, considering the fact that the applicant is in jail since 03.02.2023 about 02 years 06 months. It is an exceptional case, therefore, concerned trial Court is directed to expedite the trial as early as possible preferably within a period of 04 months from the date of receipt of copy of this order. 10. Office is directed to sent a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Sanjay Kumar Jaiswal) Judge Sourabh P.