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VAISHALI

LUCKY

NAGARIA 2026:CGHC:18458

Digitally signed

by VAISHALI

LUCKY NAFR

NAGARIA

HIGH COURT OF CHHATTISGARH AT BILASPUR

MCRCA No. 436 of 2026

• Aakash Tirkey S/o Deepak Tirky Aged About 21 Years R/o Gadkkiya,

Bagicha, District - Jashpur, Chhattisgarh.

... Applicant(s)

versus

• State of Chhattisgarh Through Station House Officer, Police Of Police

Station - Bagicha, District - Jashpur, Chhattisgarh.

... Respondent(s)

(Cause title is taken from Case Information System)

For Applicant(s) : Mr. D.D.Yadav. Advocate

For Respondent(s) : Mr. Sourabh Sahu, Panel Lawyer

Hon’ble Mr. Ramesh Sinha, Chief Justice

Order on Board

22/04/2026

1. This first anticipatory bail application under Section 482 of the

Bhartiya Nagarik Suraksha Sanhita, 2023 has been filed by the

applicant, who is apprehending his arrest in connection with Crime

No.249/2026 registered at Police Station – Bagicha, District-Jashpur

(C.G.) for the offences punishable under Sections 126, 296, 351(2),

115(2), 74 of BNS, 2023 and Section 8 of POCSO Act.

2. The prosecution story in short is that, the father of the complainant

made written complaint before the respondent police station as

stated that the present applicant assaulted her 16 year old daughter

by slapping her and by using filthy languages and hold the hand of

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the victim and proposed her for marriage and ask her to come with

applicant and on the basis of the written complaint FIR has been

registered against the present applicant under section 126,

296,351(2), 115(2), 74 BNS and section 8 POCSO Act.

3. Learned counsel for the applicant submits that the applicant is

innocent and he has been falsely implicated in the present case. He

would submit that victim has no objection for the grant of

anticipatory bail to the applicant and FIR has also lodged after seven

days of the incident, investigation and trial are likely to take time,

therefore, he submits that the present applicant is entitled to be

released on anticipatory bail.

4. On the other hand, learned State counsel opposes the prayer for

grant of anticipatory bail and submits that notice was issued to the

complainant on 24.03.2026 and was duly served on 26.03.2026.

However, neither the complainant nor any counsel appeared on their

behalf to oppose the present bail application. He further submits that

the statement of the victim recorded under Section 183 of the BNS

reveals that the victim, a minor girl aged about 16 years, had gone to

her friend’s house, where the applicant allegedly slapped her twice,

used filthy language, held her hand, and proposed to her. It is further

submitted that the applicant also sent certain messages to the

victim’s phone and, the MLC report indicates that the victim

sustained minor injuries on her neck, and her medical examination

was conducted on 18.10.2025. It is also contended that the “no

objection” given by the complainant suggests that the applicant

attempted to influence the victim and her family members.

5. I have heard learned counsel for the parties and perused the case

diary.

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6. Considering the facts and circumstances of the present case, the

gravity of the offence alleged, the statement of the victim recorded

under Section 183 of the BNS, and the MLC report which indicates

that the victim sustained injuries on her neck, this Court finds that

the allegations against the present applicant are serious in nature.

The accusations pertain to the molestation of a minor girl and reflect

conduct that cannot be viewed lightly. In view of the nature of

allegations, the material available on record, and the overall conduct

attributed to the applicant, this Court is not inclined to grant

anticipatory bail to the applicant.

7. Accordingly, the anticipatory bail application of the applicant–

Aakash Tirkey, filed under Section 482 of Bhartiya Nagarik

Suraksha Sanhita, 2023 involved in Crime No.249/2026 registered at

Police Station – Bagicha, District-Jashpur (C.G.) for the offences

punishable under Sections 126, 296, 351(2), 115(2), 74 of BNS, 2023

and Section 8 of POCSO Ac