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2026 DAILYLAW 37636 (CHH)

SATISH TAMRAKAR v. STATE OF CHHATTISGARH

MCRC/5018/2026 · 2026-09-27

Shri Rakesh Mohan Pandey

body2026

Judgment text

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1 CGHC010214662026 2026:CGHC:42186 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5018 of 2026 Satish Tamrakar S/o Late Janardan Prasad Tamrakar Aged About 63 Years R/o- Vasundhara Nagar, Changorabhatha, Raipur, P.S. D.D. Nagar, District- Raipur (C.G.) ... Applicant versus State Of Chhattisgarh Through Station House Officer, P.S.- D.D. Nagar, District- Raipur (C.G.) ... Non-Applicant For Applicant : Shri Atul Kesharwani, Advocate. For Non-Applicant/State : Ms. Ritika Verma, Panel Lawyer (HON’BLE SHRI JUSTICE RAKESH MOHAN PANDEY) Order on Board 28/09/2026 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant, who has been arrested in connection with Crime No. 159/2026 registered at Police Station D.D.Nagar, Raipur (C.G.), for the offence punishable under Sections 74, 79 of BNS and Section 8 of POCSO Act. 2. As per the prosecution case, on 02.03.2026, an F.I.R. was lodged by a minor victim, aged about 16 years to the effect that on the said date, while she was playing colours festival along with her friends on the occasion of Holi, a person aged about 60 – 62 years came along with his pet and made obscene comments and tried to outrage her modesty. Digitally signed by ALLENA ANJANI KUMAR Date: 2026.09.29 10:38:28 +0530 2 Subsequently, he was identified and was arrested by the police and the police registered the aforesaid offences against the present applicant. 3. Learned Counsel for the applicant would argue that the applicant is an old aged person, who has falsely been implicated in the case. He would submit that the applicant has no criminal antecedents; the charge-sheet has already been filed and the applicant is in jail since 03.03.2026 and further, conclusion of the trial is likely to take some considerable time. Therefore, he would pray that the bail application may be allowed and the applicant may be enlarged on bail. 4. On the other hand, learned counsel for the State would oppose the submissions advanced by the learned counsel for the applicant. She would submit that the present applicant tried to outrage the modesty of a minor girl and there are serious allegations against him, and therefore, the bail application deserves to be rejected. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. In the present case, the victim appeared through video conferencing and raised objection in granting bail to the applicant. 7. Having considered the fact that the applicant has no criminal antecedents; charge-sheet has already been filed; he is in jail since 03.03.2026 and further looking to the age of the present applicant, i.e., 63 years and also conclusion of trial may take some considerable time, I am inclined to grant bail to the applicant. Accordingly, the instant bail application is allowed. 3 8. Let the applicant be released on bail on his furnishing a personal bond in sum of Rs.50,000/- with one surety in the like sum to the satisfaction of the Court concerned with the 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; (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 said Court till disposal of the trial. Sd/- (Rakesh Mohan Pandey) JUDGE Anjani