1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5100 of 2026 1 - Harish Talandi S/o Late Kistaiya Talandi Aged About 27 Years R/o Atulkpalli P. S. Bhadrakali District- Bijapur Chhattisgarh. ... applicant(s) versus 1 - State Of Chhattisgarh Through The Police Station Bijapur District- Bijapur Chhattisgarh. ... Respondent(s) (cause title taken from CIS) For applicant (s) : Mr. Pravind Kumar Tulsyan, Advocate For Respondent(s) : Mr. Ashutosh Trivedi, Panel Lawyer Hon’ble Shri Justice Ravindra Kumar Agrawal, J. Order on board 03.07.2026 1. Heard. 2. The present is a second bail application of the applicant. The first bail application of the application has been dismissed as withdrawn on 05.01.2026 passed by this Court in MCRC No. 10180/2025. While rejecting the first bail application of the applicant, liberty was granted to him to SAGRIKA AGRAWAL Digitally signed by SAGRIKA AGRAWAL Date: 2026.07.03 17:15:44 +0530 2 repeat the same after examination of the victim before the learned trial Court. Thereafter, the victim has been examined on 14.05.2026 as PW/1 then the second bail application of the applicant has been filed. 3. The applicant, who has been arrested on 27.11.2025 in connection with Crime No. 82/2025, registered at P.S. Bijapur, Dist- Bijapur, for the offence under Section 61 (1) of BNS and Section 4 of Protection of Children from Sexual Offence Act, 2012 (hereinafter referred as “POCSO Act”), claiming regular bail. 4. The brief case is that on 27.11.2025, a report has been lodged by the mother of the victim that in the intervening night of 26-27/11/2025, the applicant has entered into her house and committed rape upon her minor daughter. The FIR has been registered under Section 61 (1) of BNS and Section 4 of POCSO Act and after investigation charge-sheet has been filed. 5. Learned counsel for the applicant would submit that the victim is a major girl, having love affair with the applicant and she has on her own engaged in making consensual physical relation with him. There is no admissible evidence in the charge-sheet to show that the victim was minor on the date of incident. No injuries have been found on the body of the victim and there is no protest by her while making physical relation. He would further submit that the victim and her mother have been examined before the learned trial Court as PW/1 and PW/2 and then they completely turned hostile and not supported the prosecution case. The applicant is in jail since 27/11/2025, final adjudication will take its own time. There is no criminal antecedent against the applicant. Therefore, the applicant may be enlarged on bail. 3 6. On the other hand, learned counsel for the State opposes the bail application and has submitted that as per the material available in the charge-sheet, the victim was minor on the date of incident and the consent cannot be presumed from the minor victim. The trial of the case is in progress and therefore, the applicant is not entitle for bail 7. I have heard learned counsel for the parties and perused the material annexed with the bail application. 8. Considering the submissions made by learned counsel for the parties, considering the nature of allegation and material available in the charge- sheet with respect to the age of the victim, the manner in which the offence is alleged to have been committed by the applicant, further that the victim and her mother has been examined before the learned trial Court and then they have completely turned hostile and not supported the prosecution case. The applicant is in jail since 27.11.2025 and the final adjudication of the case will take its own time, I am inclined to release the applicant on bail. 9. Consequently, the second bail application filed by the applicant for grant of regular bail is hereby allowed. 10.It is directed that the applicant Harish Talandi 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, on following conditions:- (i) He 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. 4 (ii) He shall not act in any manner which will be prejudicial to fair and expeditious trial. (iii) He shall appear before the trial Court on each and every date given to him by the concerned trial Court till disposal of the trial. Sd/- (Ravindra Kumar Agrawal) Judge Sagrika