Bail denied for repeated sexual assault and intimidation under Section 69 BNS despite delayed FIR.

The applicant, Samir Tandan, filed a first bail application following his arrest on February 18, 2026, in connection with Crime No. 04/2026

The victim alleged that on November 12, 2025, the applicant forcibly entered her home, threatened her, and committed rape

It was further alleged that the applicant continued to sexually exploit the victim through December 2025 by threatening her and her children while her husband, a soldier in the army, was away

The applicant argued that the FIR was a retaliatory, fabricated counter-blast to an earlier FIR (Crime No. 276/2025) filed by the applicant against the victim's husband for abduction and assault

The State opposed bail, noting that the previous dispute arose because the applicant had been harassing the victim

1. Whether the applicant is entitled to regular bail under Section 483 of the BNSS considering the gravity of the allegations and the defense of a "counter-case"

The court applied Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, which provides the High Court the power to grant regular bail

The substantive charge was evaluated under Section 69 of the Bharatiya Nyaya Sanhita (BNS)

The court further considered the procedural weight of the victim's statement recorded under Section 183 of the BNSS

The court adhered to the principle that bail decisions must be based on the nature and gravity of the offence and the material available in the case diary

The Court analyzed the nature and gravity of the offence, focusing on the allegation that the applicant unlawfully entered the victim's residence and used threats against her children to establish non-consensual physical relations

The Court noted that the victim's statement under Section 183 of the BNSS corroborated the allegations of repeated sexual assault and intimidation

Although the defense highlighted a one-month delay in filing the FIR and a pre-existing legal dispute with the victim's husband, the Court found these factors insufficient to overcome the severity of the alleged conduct, particularly the exploitation of the victim during her husband's absence

The court determined that the evidence presented in the case diary established a prima facie case that outweighed the applicant's plea of false implication

The bail application was rejected

The Court granted the trial court liberty to proceed and conclude the trial expeditiously