2025:CGHC:52014 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7622 of 2025 Shrawan Tirkey S/o Rajnath Tirkey Aged About 21 Years R/o Village Tatapani Police Station Ramanujganj District Balrampur Ramanujganj (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through Police Station Balrampur District Balrampur Ramanujganj (C.G.) ... Respondent (Cause title is taken from the CIS) ------------------------------------------------------------------------------------------------------------------ For Applicant : Shri Rohitashva Singh, Advocate For Respondent/State : Ms Priya Sharma, PL ------------------------------------------------------------------------------------------------------------------ Hon'ble Shri Justice Ravindra Kumar Agrawal Order on Board 17.10.2025 1. Pursuant to order dated 22.09.2025, notice issued to the victim/complainant has been served, and the report to this effect was sent to the concerned Police Station, Balrampur-Ramanujganj. Yet, no representation has been made on behalf of the victim. She neither appeared through virtual mode, nor represented by any counsel, therefore, this Court deem it appropriate to proceed to hear the bail application. 2. Heard on the application filed under Section 483 of the Bharatiya Nagrik Suraksha Sanhita (BNSS, 2023). This is the first bail application before this Court filed by the applicant for grant of regular bail. Digitally signed by V PADMAVATHI Date: 2025.10.17 18:23:56 +0530 Mcrc 7622 of 2025 2 3. Applicant was arrested on 29.03.2025 in connection with Crime No.36 of 2025 registered at PS- Balrampur, District-Balrampur-Ramanujganj, CG, for the offence punishable under Sections 137(2), 87, 64(1) of the BNS, and Section 4 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) . 4. Case of the prosecution in brief is that victim was missing since 22.03.2025. On 28.03.2025, when she came back to her house, her father lodged report against the applicant that he kidnapped his minor daughter, and committed rape upon her on the pretext of marriage. On the report made by him, Police registered offence punishable under Sections 137(2), 87, 64(1) of the BNS, and Section 4 of the POCSO Act. Applicant has been arrested on 29.03.2025, and charge-sheet has been filed. 5. Learned counsel for the applicant would submit that victim was major at the time of incident, having love affair with the applicant, and she on her own will eloped with him, and made consensual physical relation with the applicant. However, being affectionate to her father, she returned to her house, and made allegation against the applicant under the pressure of her parents, that the applicant kidnapped and committed rape upon her. He would further submit that before the trial court, victim was examined as PW1, and she did not support the case of the prosecution. Applicant is in jail since 29.03.2025, and final adjudication of the case will take its own time, therefore, applicant may be enlarged on bail. 6. On the other hand, learned State counsel opposes the submissions made by learned counsel for the applicant. Mcrc 7622 of 2025 3 7. Considering the submissions made by learned counsel for the parties, also considering nature of allegation against the applicant, as well as material collected during the investigation, further considering the fact that victim has been examined before the trial Court, and she completely turned hostile, applicant is in jail since 29.03.2025, and final adjudication of this case would take some time, without commenting anything on merits of the case, I am inclined to release the applicant on bail. 8. Accordingly, the bail application filed by the applicant- Shrawan Tirkey, s/o Rajnath Tirkey is allowed, and he shall be released on bail on his executing a personal bond in sum of Rs.25,000/- with one surety of like sum to the satisfaction of the concerned trial Court. Applicant shall also abide by the following conditions: i. that 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 facts to the Court or to any Police Officer; ii. that the applicant shall not act, in any manner, which will be prejudicial to fair and expeditious trial. iii. that the applicant shall appear before the trial Court on each and every date given to him by the concerned trial Court till disposal of the trial unless exempted. Certified copy as per rules. Sd/- (Ravindra Kumar Agrawal) JUDGE padma