1 2025:CGHC:54503 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7751 of 2025 1 - Noni Bai Tiwari W/o Late Naresh Tiwari Aged About 45 Years R/o Village Bilaspur, Bhupdeopur, Police Station Bhupdeopur, District : Raigarh, Chhattisgarh ... Applicant(s) versus 1 - State Of Chhattisgarh Through Station House Officer Police Station Bhupdeopur, District : Raigarh, Chhattisgarh ... Respondent(s) For Applicant (s) : Shri Ishwar Jaiswal, Advocate For Respondent/State : Shri Vivek Sharma, PL (Hon’ble Shri Justice Arvind Kumar Verma) Order on Board 07/11/2025 The applicant has filed this bail application under Section 483 of the Bhartiya Nagrrik Suraksha Sanhita for grant of regular bail as she is in custody in connection with Crime No. 80/2025 registered at police 2 station Bhupdeopur District Raigarh (CG) for the offence punishable under Sections 74, 3(5) of BNS and Section 8 of the Protection of Children from Sexual Offences Act, 2012. 2. Prosecution case in brief is that on 02.07.2025, the complainant, mother of the prosecutrix, made a written complaint before the concerned police station alleging that on 21.06.2025 at about 6.30 pm. when the complainant went to her father’s house to collect some household articles, the applicant came to the house of the complainant and started quarelling with the prosecutrix and made an attempt to outrage the modesty of the victim with the help of a truck driver who committed the offence. 3. Counsel for the applicant submits that there was some previous enmity with the applicant and therefore she has been falsely implicated in the case. He submits that there was a delay of about 11 days in lodging the FIR and there is no explanation for the said delay. He further submits that the applicant is in jail since 23.08.2025, the charge sheet has been filed and the trial is likely to take some time, she is ready and willing to comply with any of the conditions which may be imposed upon him and thus, it is submitted that the application be allowed and the applicant be released on bail. 4. Learned counsel for the respondent/State opposed the bail application. However, he submits that in the report, there is no allegation of commission of rape with the victim. 5. Heard counsel for the parties and perused the record. 3 6. On the last date of hearing ie. 30.10.2025, mother of the victim was present in the Court and she has submitted that the victim was subjected to rape. 7. In view of the above, it was directed that the Investigating Officer shall verify the facts and file report before this Court on the next date of hearing. The report has been filed and is taken on record. Asper the report, there is no sign of rape with the victim. 8. On due consideration of the rival submissions and the fact that the report of the investigating officer as well as the medical officer, district Raigarh, there was no sign of rape on the victim and further that the applicant is a lady and is in jail since 23.08.2025, the charge sheet has been filed and looking to the fact that the final disposal of the trial is likely to take sufficiently long time, the present application deserves to be allowed. Accordingly, her bail application is allowed. 9. It is directed that in the event of applicant executing a personal bond for a sum of Rs. 10,000/- with one surety to the satisfaction of the concerned trial court, she shall be released on bail on the following conditions: i) He/she shall appear before the trial court regularly on each and every date, unless exempted from appearance. ii) He/she shall not make any attempt to tamper with the prosecution witnesses. Iii) the applicant is directed not to communicate/contact in any manner with the prosecutrix, her family members and the witnesses cited in the charge sheet any other person SUGUNA DUBEY Digitally signed by SUGUNA DUBEY Date: 2025.11.10 18:30:15 +0530 4 concerned or attempt to ask for any favour in the trial directly or indirectly. Sd/- (Arvind Kumar Verma) Judge