1 2025:CGHC:51994 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8032 of 2025 Sandeep Tirki S/o Late Shri Milan Tirki Aged About 20 Years R/o Village Pakpani, Police Station - Patthalgaon, District - Jashpur Chhattisgarh ... Applicant versus State Of Chhattisgarh Through Station House Officer P.S. - Kapu, District - Raigarh Chhattisgarh ... Respondent For Applicant : Mr. Rajendra Patel, Advocate For Respondent/State : Mr. Sachidanand Yadav, P.L. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order On Board 17.10.2025 1. The victim and her father appeared before this Court today through virtual mode from the concerned DLSA and expressed their no-objection in granting bail to the applicant. 2. This is the second bail application filed u/s 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No.87/2025 registered at Police Station Kapu, District Raigarh BHOLA NATH KHATAI Digitally signed by BHOLA NATH KHATAI Date: 2025.10.17 16:42:00 +0530 2 (CG) for the offence punishable under Sections 137(2), 65(1), 115(2), 3 (5) of BNS and Section 6 of Protection of Children from Sexual Offences Act, 2012. 3. The first bail application of the applicant was dismissed as withdrawn with liberty to file the same after sometime vide order dated 31.07.2025 in MCRC No.5487/2025. 4. As per the prosecution case, the applicant knowing fully well that the victim was a minor, kidnapped her from the lawful guardianship of her parents and committed sexual intercourse with her on the pretext of marriage and also beat her with hands and fists. Subsequently, on the report being lodged in this regard, the applicant was arrested on 08.06.2025. 5. Learned counsel appearing for the applicant submits that the victim and her parents have been examined before the trial Court and they have not supported the case of prosecution and turned hostile. The victim and her father have also given her no-objection in granting bail to the applicant. He further submits that out of total 15 witnesses, only 3 witnesses i.e. the victim and her parents have been examined till date, the applicant is in jail since 08.06.2025 and there is no likelihood of the trial to be concluded at the earliest. Therefore, considering all these facts, the applicant may be released on bail. 6. Learned state counsel, on the other hand, opposing the bail application submits that the victim was minor at the time of 3 incident and considering the nature of offence, the applicant does not deserve to be released on bail. 7. Heard learned counsel for the parties and perused the case diary. 8. Taking into consideration the entire facts and circumstances of the case, particularly the fact that the victim and her parents have turned hostile, the victim and her father have also given their no- objection in granting bail to the applicant and also considering the fact that there are total 15 witnesses out of which only 3 witnesses i.e. the victim and her parents have been examined so far, the applicant is in jail since 08.06.2025 and there is all possibility of the trial taking considerable time for its final conclusion, this Court is of the opinion that a case for grant of bail to the applicant has been made out. 9. Accordingly, the application for grant of bail is allowed. It is directed that the present Applicant shall 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. The applicant is directed to appear before the trial Court on each and every date to be given to him by the said Court till completion of the trial. 10. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information. Sd/- (Sanjay Kumar Jaiswal) JUDGE Khatai