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2026 DAILYLAW 20551 (CHH)

TOSHAN SINGH RAJPUT @ RINKU v. STATE OF CHHATTISGARH

MCRC/4870/2026 · 2026-05-20

Shri Parth Prateem Sahu

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2026:CGHC:23452 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4870 of 2026 Toshan Singh Rajput @ Rinku S/o Dilip Singh Aged About 27 Years R/o Village Semariya, Police Station Lormi, District Mungeli (C.G.) ... Applicant versus State of Chhattisgarh Through Station House OfÏcer, Police Station - Lormi District - Mungeli (C.G.) ... Respondent For Applicant : Mr. Goutam Khetrapal, Advocate (through V.C.) For Respondent(s) : Mr. D.R.Minj, Deputy Government Advocate. Hon’ble Mr. Justice Parth Prateem Sahu, Judge Order on Board 21/05/2026 1. The applicant has preferred this first bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) for grant of regular bail, as he has been arrested on 04.03.2026 in connection with Crime No.76/2026, registered at Police Station Lormi, District Mungeli, Chhattisgarh, for the offences punishable under Sections 64(2)(m), 69, 318(4) and 351(3) of the Bharatiya Nyaya Sanhita, 2 2023 (for short, the BNS). 2. The prosecution story, in brief, is that a written complaint was lodged by the complainant/victim on 02.03.2026 at Police Station, Lormi, District Mungeli, alleging that she came into contact with the applicant through a social media platform-Instagram in the month of November, 2025, and thereafter, they started exchanging messages. After sometime, the applicant proposed her to marry. On 30.01.2026, the applicant came to the house of the victim and demanded Rs. 20,000/- stating that he was in need of money. The victim/complainant alongwith the applicant went to the bank and the withdrew Rs. 20,000/- from her own account which was handed over by her to the applicant. On the same date, the applicant took the victim towards Nawagaon Kenwat Road and made forceful physical relationship stating that he would marry her. Again, on 03.02.2026, the applicant demanded a sum of Rs. 50,000/- which was withdrawn by the victim from her bank account and thereafter, they went to Ratanpur Mahamaya Lodge where the applicant again made physical relationship with her. It was further alleged that since January 2026, the applicant had been taking money, gold and silver from the victim and when the victim asked the applicant to marry, he made excuses and refused to marry. It is was also alleged that the applicant had prepared photographs and video-clips and threatened the victim to make it viral. Based on the aforesaid complaint, the offence bearing Crime No. 76/2026 was registered against the applicant. 3 3. It has been argued by the learned counsel for the applicant that the applicant is innocent and has not committed any offence as alleged. The victim/complainant is a major lady aged about 27 years. From bare perusal of the complaint itself, it is apparent that the victim/complainant made physical relationship with the applicant on her own will and further gave the money to the applicant on her own after withdrawing from her own bank account and as such, no offence would be made out against him. The applicant is languishing in jail since 04.03.2026 and though the charge-sheet has been filed, the conclusion of the trial is likely to take some time. Hence, he prays for grant of bail to the applicant. 4. On the other hand, the learned counsel for the State opposes the bail application of the applicant and submits that from the contents of the FIR, it is apparent that the applicant had committed forceful sexual intercourse with the complainant/victim on the pretext of marriage and from time to time, he had obtained money from the victim assigning one or the other reason. There is further specific allegation that the applicant had threatened the complainant to make the video and photographs viral. Hence, his bail application is liable to be rejected. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that the complainant/victim is a major lady aged about 27 years, and that she has handed over the money on her own after 4 withdrawing the same from her bank accounts, further, that the investigation has been concluded and charge sheet has already been filed and the applicant is in jail since 04.03.2026, hence, this Court is of the opinion that the applicant be released on bail. 7. 7. Let the applicant, Toshan Singh Rajput @ Rinku, involved in Crime No.76/2026, registered at Police Station Lormi, District Mungeli, Chhattisgarh, for the offences punishable under Sections 64(2)(m), 69, 318(4) and 351(3) of the BNS 2023, be released on bail on his furnishing a personal bond with two sureties in the like sum to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufÏcient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 84 of Bharatiya Nyaya Sanhita is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, 5 under Section Section 209 of Bharatiya Nyaya Sanhita. (iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of BNSS. If in the opinion of the trial court absence of the applicant is deliberate or without sufÏcient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 8. OfÏce is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance. 9. Certified copy, as per rules. Sd/- (Parth Prateem Sahu) JUDGE Amit AMIT KUMAR DUBEY Digitally signed by AMIT KUMAR DUBEY Date: 2026.05.21 19:21:55 +0530