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2026 DAILYLAW 7067 (CHH)

POSHAN TEKAM v. STATE OF CHHATTISGARH

MCRC/3245/2026 · 2026-04-21

Shri Radhakishan Agrawal

body2026

Judgment text

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1 2026:CGHC:18446 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3245 of 2026 • Poshan Tekam, S/o Kartik Ram Tekam, aged about 23 Years, R/o Chikhlakasa, Police Station Rajhara, District- Balod (C.G.) ...Applicant versus • State of Chhattisgarh, Through the Station House Officer, Police of Police Station Akladongari, District- Dhamtari (C.G.) ..Non-applicant For Applicant : Mr. Anil Gulati, Advocate. For State : Mr. Vivek Sharma, Panel Lawyer. (Hon’ble Shri Justice Radhakishan Agrawal) Order on Board 22/04/2026 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No.03/2025 registered at Police Station – Akladongari, District Dhamtari, (C.G.), for the offence punishable under Section 65(1) of Bhartiya Nayay Sanhita and Section 6 of Protection of Children from Sexual Offences Act. 2. Case of the prosecution, in brief, is that the applicant came into contact with the victim during a marriage function on 23.05.2024, and thereafter they started talking to each other. It is alleged that, on the pretext of marriage, the applicant established physical relations with the victim and AKHILESH BEOHAR Digitally signed by AKHILESH BEOHAR Date: 2026.04.23 10:32:30 +0530 2 continued to do so on several occasions, as a result of which, she became pregnant. On the report being lodged to the above effect, the aforesaid offences have been registered against the applicant. 3. Learned counsel for the applicant submits that the applicant is an innocent person and has been falsely implicated in the present case. He further submits that the victim, aged about 18 years, has been examined before the trial Court and has clearly stated that the applicant did not establish physical relations with her and has not supported the case of the prosecution. He also submits that applicant is in jail since 13.12.2025, the charge-sheet has already been filed, and that the conclusion of the trial is likely to take some time. Therefore, it is prayed that the applicant be granted regular bail. 4. On the other hand, learned counsel for the State opposes the bail application. 5. Victim along with her mother appeared through DLSA, Dhamtari and raised no objection to the release of the applicant on bail. 6. I have heard learned counsel appearing for the parties. 7. Considering the facts and circumstances of the case, the statement of the victim recorded before the Court, and further considering that the applicant has been in custody since 13.12.2025 and that the conclusion of the trial is likely to take considerable time, without commenting on the merits of the case, this Court is inclined to 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.20,000/- with one surety in the like sum to the satisfaction of the trial Court. The applicant is directed to appear before the concerned trial Court 3 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 necessary information and compliance forthwith. Sd/- (Radhakishan Agrawal) Judge Akhilesh