IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
POSHAN TEKAM – Appellant
Versus
STATE OF CHHATTISGARH – Respondent
MCRC/3245/2026
##PAGE1##
1
2026:CGHC:18446
Digitally
NAFR
signed by
AKHILESH
AKHILESH BEOHAR
BEOHAR Date:
2026.04.23
HIGH COURT OF CHHATTISGARH AT BILASPUR
10:32:30
+0530
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
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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
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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
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