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2025 DAILYLAW 42553 (CHH)

ANKIT TAMRAKAR v. STATE OF CHHATTISGARH

MCRC/7119/2025 · 2025-09-21

Shri Ravindra Kumar Agrawal

body2025

Judgment text

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1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7119 of 2025 1 - Ankit Tamrakar S/o Rajendra Tamrakar Aged About 31 Years R/o Khasra No. 938/8, Road No. 3, Hind Nagar, Risali, Police Station- Newai, District- Durg (C.G.) ... Applicant(s) versus 1 - State Of Chhattisgarh Through Station House Officer, P.S.- Newai, District- Durg (C.G.) ... Non-applicant(s) For Applicant(s) : Mr. Chandresh Shrivastava, Advocate. For Non-applicant(s) : Ms. Laxmeen Kashyap, Panel Lawyer. Hon’ble Shri Justice Ravindra Kumar Agrawal, J. Order on Board 22/09//2025 1. Pursuant to the order dated 08.09.2025, the victim and her maternal grandmother appeared through virtual mode from DLSA, Durg and raised objection in granting bail to the applicant, her objection is taken on record. 2. This is first bail application before this Court filed by the applicant for grant of regular bail. The applicant has been arrested on 02.03.2025 in connection with Crime No. 0049/2025 registered at Police Station P. S. Newai, District Durg C.G.) for the offence under Sections 354, 376(3) of IPC and Section 4 and 8 of POCSO, Act 2012. 3. The case of the prosecution is that on 01.03.2025, the victim lodged a report that she was being sexually exploited by the applicant since 12.10.2022 to ALOK SHARMA Digitally signed by ALOK SHARMA Date: 2025.09.22 17:49:19 +0530 2 24.01.2024. In the month of February, 2025 she came to know that the applicant is married with some other girl, she lodged the report. The police registered the offence under Section 354, 376(3) of IPC and Section 4 and 8 of POCSO Act. The applicant has been arrested on 02.03.2025 and charge- sheet has been filed. 4. Learned counsel for the applicant would submit that the victim is major girl and there is no legally admissible evidence with respect to her age available in the charge-sheet. She has not made any complaint since 2022 uptil the lodging of the report about any incident committed by the applicant. There is no injuries found on the body of the victim. Even in the 183 BNSS statement of the victim, she has not made any allegation that she was being regularly sexually exploited by the applicant. It is the incident of month of February 2025, she lodged the report on 01.03.2025. The applicant is in jail since 02.03.2025, and final adjudication of the case will take its own time, there is no criminal antecedents of the applicant, therefore, he may be enlarged on bail. 5. On the other hand, learned counsel for the State opposes and submitted that there is sufficient evidence against the applicant that she was sexually exploited by the applicant between 2022 to 2024, therefore, he is not entitled for bail. 6. I have heard learned counsel for the parties and perused the case diary. 7. Considering the submissions made by learned counsel for the parties, considering the nature of allegation and the material collected during the investigation, further considering her 183 of BNSS, 2023 statement, the applicant is in jail since 02.03.2025 and final adjudication of the case will take its own time, without commenting anything on merits, I am inclined to release the applicant on bail. 8. Consequently, the bail application filed by the applicant Ankit Tamrakar for grant of regular bail is hereby allowed. It is directed that the applicant shall 3 be released on bail on his furnishing a personal bond in the sum of Rs. 25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court, on following conditions:- (i) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court. (ii) The applicant shall not act in any manner which will be prejudicial to fair and expeditious trial, and (iii) The applicant shall appear before the trial Court on each and every date given to them by the said Court till disposal of the trial unless their personal presence is exempted by the trial Court. Sd/- (Ravindra Kumar Agrawal) Judge Alok