1 2026:CGHC:17661 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3176 of 2026 Montu Alias Tikeshwar Vibhar S/o. Damru Vibhar Aged About 19 Years R/o.- Bhathapani, Police Station Sinapali, District Nuwapara, Odisha ... Appellant versus State Of Chhattisgarh Through- Police Station Tikrapara, District- Raipur (C.G.) ---- Respondent (Cause title is taken from the CIS) ___________________________________________________________ For Applicant : Mr. Vivek Mishra, Advocate For State-Respondent : Ms. Priya Sharma, PL ___________________________________________________________ Hon'ble Shri Justice Sanjay Kumar Jaiswal Order on Board 17/04/2026 1. This is second bail application. First bail application was rejected on merits vide order dated 24.02.2026. 2. This second bail application filed under Section 483 of the BNSS, 2023 for grant of regular bail to the applicant who has 2 been arrested in connection with Crime No.774/2024 registered at Police Station Tikrapara, District Raipur (C.G.), for the offence punishable under Sections 137(2), 64 of BNS and Section 6 of the POCSO Act. 3. As per the prosecution case, on 09.10.2024, a report was lodged by the brother of victim that on 08.10.2024 at about 7 p.m., his younger sister went to for doing work at Wallfort Colony and thereafter she did not come back and later in pursuance of investigation, the prosecutrix was recovered from the house of the applicant on 13.06.2025 in Orissa. The applicant was arrested on 21.01.2026. 4. Learned counsel for the applicant contended that the applicant is an innocent and has been falsely implicated in the said case. He further contended the victim is the consenting party. He further contended that there is change in the circumstances that there are total 16 witnesses in which 04 witnesses have been examined. Lastly, he contended that the applicant is in jail since 21.01.2026 and the trial will take considerable time for its conclusion, therefore, the applicant may be released on bail. 5. Learned State Counsel opposes the submission made by learned counsel for the applicant and contended that at the time of incident, victim was minor, therefore, it is prayed that the applicant may not be released on bail. 3 6. Pursuant to order dated 08.04.2026, victim and her mother appeared through virtual mode from the DLSA Raipur. On being asked, they have no objection to release the applicant on bail. 7. I have heard learned counsel for the parties and perused the case diary. 8. Considering the facts of the case, submission made by learned counsel for the parties. Further considering the Court statement of 04 witnesses who examined before the trial Court and further considering that victim and her mother who appeared through virtual mode have no objection to release the applicant on bail. The applicant is in jail since 21.01.2026 and conclusion of the trial may take some more time, this Court is of the view that the applicant is entitled to be released on bail in this case. 9. Accordingly, the application is allowed and the applicant is directed to be released on bail on his furnishing a personal bond in sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the trial Court for his appearance before the said Court as and when directed in that behalf. 10. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance forthwith. Sd/- (Sanjay Kumar Jaiswal) Judge Vasant