1 CGHC010332812026 2026:CGHC:38620 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8054 of 2026 Rakesh Tandan S/o Shri Sukhsagar Tandon Aged About 26 Years R/o Village- Themhapar Chowki, Malhar, Police Station- Masturi, District- Bilaspur (C.G.) ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station- Malkharauda, District- Sakti, (C.G.) ... Non-Applicant For Applicant : Shri Anand Kesharwani, Advocate. For Non-Applicant : Ms. Anusha Naik, Deputy GA. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 01/09/2026 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No.198/2026 registered at Police Station Malkharauda, District Sakti (C.G.) for the offence under Sections 64 (2)(m), 296, 351 (3) & 127(3) of the BNS. KRISHNA KUMAR BARVE Digitally signed by KRISHNA KUMAR BARVE Date: 2026.09.01 20:08:54 +0530 2 2. The prosecution case, in brief, is that the victim and the applicant became friendly on Instagram through mobile. On 11.5.2026, he called her to meet at Mission Chowk where they met. From there he took the victim to an isolated place on his motor cycle where she was raped. Thereafter they also visited at a Hotel at Bilaspur where he committed rape with the victim on the pretext of marriage. On 14.5.2026, the applicant took the victim to Karad Malkapur (Maharashtra) where the applicant committed rape with the victim by threatening her that he would kill her family members. Thereafter on 15.5.2026, the victim somehow managed to contact her family members and informed them about the incident. Thereafter the FIR was registered against the applicant. Hence the bail application. 3. It has been argued by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the crime. The victim was a consenting party and she is major. The victim throughout travelled with the applicant in public places where she could have raised her grievances. The applicant is in jail since 29.05.2026. The applicant does not have any criminal antecedent. Therefore, the applicant may be released on bail. 4. On the other hand, learned counsel appearing for the State/non- applicant would oppose the bail application and submit that the applicant does not have any criminal antecedent and the charge sheet has been submitted against the applicant. 3 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. In her statement recorded under Section 183 of the BNSS, the victim has stated that she became acquainted with the applicant through Instagram. On 11.5.2026, the applicant called her to meet near Mission Chowk. When she reached the said place, the applicant said that there was crowd in the area and thereafter the applicant took the victim to an isolated place where the applicant said that he would marry her and she should accompany him to Bilaspur. Thereafter when the victim was calling her family members, the applicant snatched her mobile and abused her and committed Marpeet with her. The applicant also threatened her that he would kill her family members, because of which the victim did not inform about the incident to anyone. Thereafter the applicant took the victim to Bilaspur and kept her in a lodge where he developed physical relations with her. On 12.5.2026, the applicant took the victim to Gondiya and again kept her in a lodge and developed physical relations with her. On 13.5.2026, the applicant took the victim to Malkapur where he committed rape with her. 7. Taking into consideration the facts and circumstances of the case, and the fact that the charge sheet has already been submitted against the applicant, applicant does not have any criminal antecedent, which is mentioned in the bail application, the applicant is in jail since 29.5.2026, the relations between the 4 applicant and the victim were consensual, further considering the statement of the victim recorded under Section 183 of the BNSS and conclusion of trial is likely to take some time, this Court is of the view that the applicant is entitled to be released on bail in the present case. Accordingly, the Application is allowed. 8. Accordingly, the Application is allowed. 8. Let the Applicant – Rakesh Tandan, involved in Crime No.198/2026 registered at Police Station Malkharauda, District Sakti (C.G.) for the offence under Sections 64 (2)(m), 296, 351 (3) & 127(3) of the BNS, be released on bail on furnishing 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 their counsel. In case of his absence, without sufficient 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 5 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 applicants are 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 them in accordance with law. 9. 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 Barve