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2026 DAILYLAW 12571 (CHH)

CHANDRESH TANDAN v. STATE OF CHHATTISGARH

MCRC/10508/2025 · 2026-01-05

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Judgment text

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1 2026:CGHC:619 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 10508 of 2025 Chandresh Tandan S/o Ramadhar Tandan Aged About 22 Years R/o Friday Market Near Bijli, Nagpura, Out Post - Nagpura, Police Station - Pulgaon, District - Durg (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through - Station House Officer, Police Station - Pulgaon, District - Durg (C.G.) ... Respondent(s) For Applicant(s) : Mr. Mayank Chandrakar, Advocate. For Respondent(s) : Mr. Bharat Gulabani, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 06.01.2026 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), for grant of regular bail, as he has been arrested in connection with Crime No. 527/2025, registered at Police Station Pulgaon, District - Durg (CG) for the offence punishable under AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 Sections 296, 351(3), 64 of BNS. 2. The prosecution story in brief, is that the victim, a school teacher, lodged a report stating that the accused, who was the van driver of the same school, started contacting her during travel, which she initially resisted. The accused allegedly threatened to kill her family members and compelled her to appear on a video call without clothes on the upper part of her body, which he recorded. Thereafter, he repeatedly threatened to make the video viral and, on that pretext, extorted money from the victim on three occasions. It is further alleged that the accused forcibly took the victim to his house and committed rape, again threatening to circulate the obscene video. Out of fear, the victim did not disclose the incident initially, however, when the accused continued his misconduct, she informed her family members and lodged a report. On the basis of the complaint, an FIR was registered against the accused under Sections 296, 351(3), and 64 of the Bharatiya Nyaya Sanhita. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He further submit that the applicant was working as a van driver in a school at Durg and the victim was employed as a teacher in the same school. As both used to travel together in the same van, a love relationship developed between them and they were in regular contact through mobile phones. Both the applicant and the victim 3 intended to marry each other, however, due to opposition from the victim’s family members, the victim allegedly lodged a false report against the applicant under family pressure. He also submits that from a bare perusal of the alleged video, which forms part of the charge-sheet, shows that at the time of recording, the complainant appeared to be happy and was a consenting party. The applicant submits that the video was not recorded forcibly and that the relationship between the parties was consensual in nature. He later submits that the applicant and the victim had fixed a date for marriage and were making preparations for the same. The applicant had purchased clothes for the marriage, and they were chatting with each other regarding marriage arrangements. The victim had also shared personal photographs, including her birthday photograph, with the applicant. The applicant asserts that he is still ready to marry the victim and has not committed any offence against her. The applicant is in jail since 02.11.2025 and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State counsel opposes the bail application and submits that the charge-sheet has been filed in the present case before the competent Court. He further submits that the applicant while working as a van driver in the same school where the victim was a teacher, he threatened the victim, recorded an obscene video of her, extorted money by threatening to make the video viral, and later forcibly took her to his house 4 and committed rape and thereby committed alleged offence, therefore, the applicant is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts & circumstances of the case, nature & gravity of the offence, material available in the case dairy and the fact that the applicant while working as a van driver in the same school where the victim was employed as a teacher, he abused his position and familiarity with the victim to harass her, he repeatedly contacted her during their daily travel and, upon her resistance, threatened to kill her family members and under such threats, the applicant allegedly coerced the victim into appearing on a video call without clothes on the upper part of her body, recorded the obscene video, and thereafter used the same as a tool to blackmail her and by threatening to make the obscene video viral, the applicant extorted money from the victim on three different occasions, subsequently, the applicant allegedly forcibly took the victim to his house and committed rape upon her, again using the threat of circulating the obscene video to silence her, the allegations disclose serious offences of sexual assault, extortion, and criminal intimidation, as such, without expressing any opinion on the merits of the case, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. 7. The prosecution asserts that the, and therefore opposed the grant 5 of bail. 8. Accordingly, the bail application of applicant-Chandresh Tandan, involved in Crime No. 527/2025, registered at Police Station Pulgaon, District - Durg (CG) for the offence punishable under Sections 296, 351(3), 64 of BNS, is rejected. 9. Needless to say that the trial Court concerned is at liberty to proceed and concluded the trial expeditiously. 10. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance. Sd/- (Ramesh Sinha) Chief Justice Akhil