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2026 Supreme(Online)(Chh) 14765

Digitally signed by BHOLA B NH ATO HLA NATH KHATAI KHATAI D 20a 2te 6: .04.29 10:19:35 +0530 NAFR


HIGH COURT OF CHHATTISGARH AT BILASPUR


MCRC No. 3496 of 2026



Rajkumar Tandan S/o Shri Sunil Tandan Aged About 23 Years R/o Village Kirna, Police Station Mungeli, District Mungeli C.G.


... Applicant


versus


State Of Chhattisgarh Through Station House Officer, Police Station Dantewada, Distt. South Bastar Dantewada (C.G.)


... Respondent



For Applicant : Mr. Aman Pandey, Advocate


For Respondent/State : Mr. Suresh Tandan, P.L.


Hon'ble Shri Justice Sanjay Kumar Jaiswal


28/04/2026

Order On Board

1. The victim and her mother appeared before this Court today through virtual mode from the concerned DLSA and objected in granting bail to the applicant.

2. This is the second bail application filed u/s 483 of BNSS, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No.77/2025 registered at Police Station Dantewada, Distt. South Bastar (CG) for the offence punishable under Sections 137(2), 87, 65(1), 64(2) of BNS and Sections 4 & 6 of POCSO Act.

3. The first bail application of applicant was dismissed as withdrawn with liberty to file afresh after some time, vide order dated 04.02.2026 in MCRC No.10076/2025.

4. As per the prosecution case, the applicant kidnapped the minor victim from the lawful guardianship of her parents, took her to his native village Kirna where kept her as his wife and established physical relations with her. On report being lodged in this regard, the applicant was arrested on 26.08.2025.

5. Learned counsel for applicant submits that the applicant is innocent and has been falsely implicated in this case. He submits that there was an inordinate delay in lodging the FIR. The victim was a consenting party and she went with the applicant of her own free will. He submits that there are contradictions in the statement of the victim. He further submits that out of total 26 witnesses only 2 i.e. the victim and her mother have been examined so far, the applicant is in jail since 26.08.2025 and there is no likelihood of the trial to be concluded at the earliest. Hence, considering all these facts, the applicant may be released on bail.

6. Learned State counsel, on the other hand, opposing the bail application submits that the victim was minor at the time of incident, she has supported the case of prosecution and considering the nature of offence, the applicant does not deserve to be released on bail.

7. Heard learned counsel for the parties and perused the case diary.

8. Taking into consideration the entire facts and circumstances of the case, particularly the court statement of the victim and her age, which according to the prosecution was 14-15 years at the time of incident and also considering the nature and gravity of offence and the material collected and available on record against the applicant, this Court is not inclined to release the applicant on bail.

9. Accordingly, the present bail application stands rejected

10. However, the Trial Court is directed to expedite the trial and to ensure that the trial is concluded as expeditiously as possible.

11. The Registry is directed to send a certified copy of this order to the trial Court concerned for necessary information.

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