1 2026:CGHC:17185 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3364 of 2026 Rajendra Tandon Alias Rinku Tandon S/o Rajesh Tandon Aged About 32 Years R/o Ward No. 03, Sai Nagar Uslapur, P.S. Sakri, District Bilaspur, Chhattisgarh. ... Applicant(s) versus State Of Chhattisgarh Through P.S. Sakri, District Bilaspur, Chhattisgarh. ... Respondent(s) For Applicant(s) : Mr. Arvind Sinha, Advocate. For Respondent(s) : Mr. Shubham Bajpai, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 15/04/2026 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No. 40/2026 registered at Police Station Sakri, District Bilaspur (C.G.) for the offence punishable under AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 Sections 64(1), 74, 296, 351(3), 333, 324(1) of BNS. 2. Case of the prosecution, in brief, is that on 15.01.2026, the complainant lodged a written report alleging that on 13.10.2025 at about 8:20 PM, the applicant, in a drunken condition, entered her house, caught hold of her hand, and started pulling her. When she objected, the applicant broke the door of her house and abused her in filthy language. Based on this complaint, an FIR bearing Crime No. 40/2026 was registered for offences under Sections 74, 296, 333, 351(2), and 324(1) of the BNS Act, 2023. Subsequently, on 19.01.2026, during the recording of her statement before the Judicial Magistrate, the complainant, for the first time, alleged that in October 2025, when her family members were not at home, the applicant had entered her house and committed forcible sexual intercourse against her will. In light of this statement, after completion of investigation, the prosecution filed the charge sheet with the addition of Section 64(1) of the BNS Act, 2023 against the applicant. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in offence in question. He further submits that the victim is a married woman and was well acquainted with the applicant for the past two years, as the applicant used to work with the husband of the victim as a part-time worker and during the course of such acquaintance, the applicant and the victim developed a 3 relationship, and consequently, they jointly purchased a property in their names on 29.07.2025. A copy of the sale deed has been filed as Annexure A/3. He also submits that after some time, the victim started pressurizing the applicant to transfer the aforesaid property exclusively in her name, and extended threats that, in case of non-compliance, she would falsely implicate the applicant in a criminal case, being aggrieved by such threats, the applicant lodged a written complaint on 11.02.2026 before the concerned authority, a copy whereof is annexed as Annexure A/6. The applicant is in jail since 16.03.2026, the applicant has two criminal antecedents, out of which, in one case, the applicant has already been acquitted and another case has already been compromised between the parties, further the charge-sheet has been filed 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. He further submits that the applicant in a drunken condition, unlawfully entered the complainant’s house, caught hold of her hand and attempted to pull her, damaged the door of her house, and abused her in filthy language. It is further alleged that on an earlier occasion, he committed forcible sexual intercourse with the complainant against her will when she was alone at her house. Therefore, the applicant is not entitled for grant of bail. 4 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of offence, period of detention of the applicant since 16.03.2026, the fact that though the applicant in a drunken condition, unlawfully entered the complainant’s house, caught hold of her hand and attempted to pull her, damaged the door of her house, and abused her in filthy language. It is further alleged that on an earlier occasion, he committed forcible sexual intercourse with the complainant against her will when she was alone at her house, but considering the fact that victim is a married woman and was well acquainted with the applicant for the past two years, as the applicant used to work with the husband of the victim as a part-time worker and during the course of such acquaintance, the applicant and the victim developed a relationship, and consequently, they jointly purchased a property in their names on 29.07.2025 and after some time, the victim started pressurizing the applicant to transfer the aforesaid property exclusively in her name, being aggrieved by such threats, the applicant lodged a written complaint on 11.02.2026 before the concerned authority and when the applicant refused to do so, victim lodged present FIR against the applicant to harass him. So far as criminal antecedents of the applicant are concerned, applicant has two criminal antecedents, out of which, in one case, the applicant has already been acquitted and another 5 case has already been compromised between the parties, further the charge-sheet has been filed, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the application is allowed. 8. Let the Applicant-Rajendra Tandon Alias Rinku Tandon, involved in Crime No. 40/2026 registered at Police Station Sakri, District Bilaspur (C.G.) for the offence punishable under Sections 64(1), 74, 296, 351(3), 333, 324(1) of BNS, 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 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 6 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. 9. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil