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2026 DAILYLAW 28996 (CHH)

NIKHIL TANDON v. STATE OF CHHATTISGARH

MCRC/3647/2026 · 2026-07-26

Shri Radhakishan Agrawal

body2026

Judgment text

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1 CGHC010137232026 2026:CGHC:31949 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3647 of 2026 Nikhil Tandon S/o Salik Ram Tandon Aged About 23 Years R/o Rampur P.S. Kumhari House Office, Tikrapara District -Raipur C.G. ... Applicant versus State Of Chhattisgarh Through Station House Office Tikrapara District Raipur C.G. ... Non-Applicant For Applicant : Shri Gajanand Ratrey, Advocate. For Non-applicant/State : Shri Aman Tamrakar, Panel Lawyer. For the Objector/Victim : Shri Uttamchand, Advocate. (HON’BLE SHRI JUSTICE RADHAKISHAN AGRAWAL) Order on Board 27/07/2026 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as the B.N.S.S.) for grant of regular bail to the applicant who has been arrested in connection with Crime No.353/2025 registered at Police Station – Tikrapara, District Raipur (C.G.), for the offence punishable under Sections 137(2), 87, 64(1) of Bhartiya Nyay Sanhita, 2023 (for short, the B.N.S.) and Section 4(1) of the Protection of Children from Sexual Offences Act, 2012 (for short, the POCSO Act). 2. As per the case of the prosecution, on 16.05.2025, the victim/prosecutrix went to her grandmother’s house situated in Durga Para, Santoshi Nagar, Raipur without informing any of her family Digitally signed by ALLENA ANJANI KUMAR Date: 2026.07.27 16:22:15 +0530 2 member, on this, a missing report was lodged at Police Station Tikrapara on 17.05.2025 and during course of investigation, the victim was recovered and her statement was recorded and based on this, F.I.R. was registered against the applicant for the offence under the above sections. 3. Learned counsel for the applicant submits that applicant has not committed any offence and the victim, who has been examined as P.W.1 has not supported the case of the prosecution as according to her statement, the applicant/accused has not established any physical relationship with her. He further submits that the applicant is in jail since 19.05.2025.. He next submits that the trial is going on and completion of trial may take some considerable time. Therefore, he prays for the grant of regular bail to the applicant. 4. On the other hand, learned counsel for the State opposes the bail application. 5. Victim is present in person and has raised no objection with regard to grant of bail to the applicant. 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. Considering the facts and circumstances of the case and further considering the statement of the victim and that, the victim has not raised any objection for grant of bail to the applicant and the trial is likely to take considerable time, without further commenting anything on merits of the matter, I am 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 3 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 trial Court 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 information. Sd/- (Radhakishan Agrawal) JUDGE Anjani