1 CGHC010176402026 2026:CGHC:29656 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4249 of 2026 Kartik Tiwari S/o Harishankar Tiwari Aged About 23 Years R/o -Village Khargaun, Khandwa Road, Police Station Men Gaon, District-Khargaun, (M.P.) At Present Resident Of Kanshiram Chowk, Rental House Of Saraswati Bharti, Police Station Jutmil, District-Raigarh C.G. ... Applicant versus State Of Chhattisgarh Through- Station House Officer, Police Station Mahila Thana Raigarh District Raigarh C.G. ... Non-Applicant For Applicant : Shri Amit Singh Chauhan, Advocate. For Non-applicant/State : Shri Hrishikesh Sharma, P.L. (HON’BLE SHRI JUSTICE RADHAKISHAN AGRAWAL) Order on Board 14/07/2026 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as B.N.S.S.) for grant of regular bail to the applicant who has been arrested in connection with Crime No. 6/2026 registered at Police Station – Mahila Thana, Raigarh (C.G.), for the offence punishable under Sections 137(2), 74, 75(1)(i), 75(2), 351(4), 78(2) of Bhartiya Nyay Sanhita, 2023 (for short, B.N.S. 2023) and Section 8 of the Protection of Children from Sexual Offences Act, 2012 (for short, the POCSO). Digitally signed by ALLENA ANJANI KUMAR Date: 2026.07.14 17:24:38 +0530 2 2. As per the case of the prosecution, the prosecutrix/victim and the applicant are acquainted with each other through Instagram and used to talk with each other through mobile phone since last 7 – 8 months. On 02.02.2026, the prosecutrix went to shop of her father to give Tiffin box and thereafter she returned but did not reach the house, whereupon, mother of the proseuctrix informed her husband. Thereafter, a search was made by the family members and despite that she was not traced out and finally the victim/prosecutrix was found with the applicant, then the family members reached the Jailpara, Jutemill and caught the applicant and recovered the prosecutrix and on being asked, the prosecutrix told that the applicant applied kiss by alluring her. On 02.02.2026, father of the prosecutrix lodged a written report at Mahila Thana, Raigarh. Based on this, the offence under the aforesaid sections has been registered against the applicant. 3. Learned counsel for the applicant submits that the applicant has not committed any offence and the victim has been examined as P.W.1 and as per her statement, the applicant has not committed any offence and the report was lodged under the pressure of her sister. He next submits that the applicant is in jail since 03.02.2026 and that, the trial is going on and it may take some considerable time to conclude, therefore, he may be released on bail. 4. On the other hand, learned counsel for the State opposes the bail application. 5. With the aid of D.L.S.A. Raigarh, father of the the victim is present and has raised objection with regard to grant of bail to the applicant. 6. I have heard learned counsel appearing for the parties and perused the case diary. 3 7. Considering the facts and circumstances of the case and further considering the statement of the victim and that the trial is going on, without expressing any opinion on merits of the matter, I am inclined to allow the bail application and release the applicant on bail. 8. Accordingly, the application is allowed and it is directed that the applicant shall be released on bail on his furnishing a personal bond in the sum of Rs. 10,000/- with one surety in the like sum to the satisfaction of the 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 disposal of the trial. It is made clear that any observation made by this Court in this order shall not affect the trial of the case. 9. Office is directed to send a certified copy of this order to the trial Court concerned for information. Sd/- (Radhakishan Agrawal) JUDGE Anjani