1 2026:CGHC:4710 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 894 of 2026 Rajesh Kumar Tandan S/o Shriram Kishun Aged About 40 Years R/o- Satnamipara, Sundarkera, P.S. and Tahsil- Abhanpur, District- Raipur, C.G. ... Applicant versus State of Chhattisgarh Through- S.H.O., P.S.- Balrampur, District- Balrampur- Ramanujganj, (C.G.) ... Non-Applicant For Applicant : Mr. Pushkar Sinha, Advocate. For Non-Applicant/State : Mr. Nupur Trivedi, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 28.01.2026 1. The applicant has preferred this First Bail Application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 133/2025, registered at Police Station - Balrampur, District- Balrampur-Ramanujganj (C.G.) for the offence punishable under Sections 64(2)(m), 64(2)(h), 296, 115(2) and 351(3) of Bharartiya Nyaya Sanhita, 2023. 2. As per the prosecution story, the victim lodged a written complaint at P.S- Balrampur alleging that the applicant/accused, despite being a married man, falsely represented himself as unmarried and, by practicing fraud and deception, from 7.01.2023 to 13.03.2025, repeatedly committed sexual intercourse with her. It is alleged that due to repeated sexual PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2026.01.30 09:45:44 +0530 2 assault, the victim become pregnant. Even after having knowledge of the pregnancy, the accused again committed rape upon her on four occasions. It is further alleged that on 08.04.2025, when the victim visited the parental house of the accused, he abused her in filthy language and also assaulted to her, as a result of which she suffered a spontaneous miscarriage. On the basis of the written report lodged by the victim, under Sections 64 (2) (m), 64 (2) (h), 296, 115(2) & 351(3) of B.N.S., the applicant/accused was arrested on 28.09.2025, and since he is in jail. Case is sensitive in nature so F.I.R has not been filed herewith. 3. It has been argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. It is further submitted that the victim is a major lady aged about 39 years and was a married woman with two children. Her earlier husband had deserted her, after which she came into contact with the applicant and established a physical relationship with him. Subsequently, they got married and the marriage was registered. Thereafter, certain disputes arose between the parties, following which the victim lodged the FIR. It is also submitted that the applicant has no previous criminal antecedents, the charge-sheet has already been filed in the present case, the applicant has been in judicial custody since 28.09.2025, and the conclusion of the trial is likely to take a considerable period of time. Therefore, the learned counsel prays for grant of regular 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. It is further submitted that despite being a married man, falsely represented himself as unmarried and, by practicing fraud and deception, from 7.01.2023 to 13.03.2025, repeatedly committed sexual intercourse with the victim. Therefore, the applicant is not entitled for grant of regular bail. 3 5. I have heard learned counsel for the parties and perused the materials available on record. 6. Considering the facts and circumstances of the case, nature and gravity of allegation made against the applicant and period of detention in jail, and from the perusal of the statement, it transpires that the victim is a major lady aged about 39 years and was a married woman with two children, her earlier husband had deserted her, after which she came into contact with the applicant and established a physical relationship with him, subsequently, they got married and the marriage was registered, thereafter, certain disputes arose between the parties, following which the victim lodged the FIR, further the applicant has no previous criminal antecedents, the charge-sheet has already been filed in the present case, the applicant has been in judicial custody since 28.09.2025 and the conclusion of the trial is likely to take quite long time, hence, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. 7. Accordingly, the bail application is allowed. Let applicant - Rajesh Kumar Tandan involved in Crime No. 133/2025, registered at Police Station - Balrampur, District- Balrampur-Ramanujganj (C.G.) for the offence punishable under Sections 64(2)(m), 64(2)(h), 296, 115(2) and 351(3) of Bharartiya Nyaya Sanhita, 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. 4 (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 sufficient cause, the trial court may proceed against him 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 BNSS. 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, under Section 209 of the 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 sufficient 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. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- Sd/- (Ramesh Sinha) Chief Justice Preeti