High Court Directs Rape Case Accused to Surrender Within 30 Days After Failed Settlement

Appeal dismissed after examinations ended and no settlement was reached between the parties; trial court may take steps to secure the accused’s arrest if he fails to surrender within the stipulated period.

The High Court has dismissed an appeal filed by an accused in a rape case against the rejection of his bail application and directed him to surrender before the trial court within 30 days from the date the certified copy of the judgment reaches the court. If he fails to surrender within the stipulated period, the trial court may take necessary legal steps to secure his arrest.

The judgment was delivered on September 10, 2026, by a High Court Division bench comprising Justice Md. Khairul Alam and Justice Md. Rafizul Islam.

The case is Criminal Appeal No. 3081 of 2026, involving accused Tasnim Mahid Chanchal and the State. The appeal challenged an order dated May 24, 2026, passed by the Women and Children Repression Prevention Tribunal No. 6 in Dhaka, rejecting the accused’s bail application.

Allegations of Rape Following a Promise of Marriage

According to the case records, the complainant and the accused became acquainted through Facebook and subsequently developed a relationship. The complainant alleged that the accused took her to a restaurant in Dhanmondi, Dhaka, and raped her on the promise of marriage. He was also accused of taking objectionable photographs of her and blackmailing her.

The complaint further stated that the complainant met the accused on August 30, 2025. At around 12:20 am on August 31, the accused allegedly took her to a hotel in Dhanmondi, where they engaged in sexual intercourse on the promise of marriage. The accused subsequently refused to marry her and allegedly threatened her.

A case was filed at Dhanmondi Police Station on October 18, 2025, under Section 9(1) of the Women and Children Repression Prevention Act, 2000. Following the investigation, police submitted a charge sheet against the accused under Section 9(b) of the amended law. The case is currently pending at the charge-framing stage.

Medical Board Report

According to the case records, the complainant underwent a medical examination by a medical board on October 20, 2025.

The report recorded signs of sexual intercourse but stated that the findings were not indicative of recent or forced sexual intercourse. The medical board estimated her age to be approximately 20 years.

Interim Bail Granted for Examinations

On April 23, 2026, the accused surrendered before the tribunal and applied for bail. Considering his examinations, the tribunal granted him bail until May 10. He was subsequently sent to jail on May 10, and his renewed bail application was rejected on May 24.

The accused then appealed to the High Court against the rejection of bail. Considering that his fourth-year, first-semester final examinations were scheduled to be held from July 14 to 30, 2026, the High Court granted him interim bail.

During the proceedings, it was orally indicated that efforts would be made to reach an amicable settlement between the parties if bail was granted.

High Court Dismisses Appeal and Orders Surrender

At the subsequent hearing, the High Court observed that the accused’s examinations had concluded, but no settlement had been reached between the parties.

After examining the case records and hearing submissions from the lawyers representing both sides, the court found no acceptable grounds to allow the appeal and accordingly dismissed it.

The court further directed the accused to surrender before the trial court within 30 days from the date the copy of the judgment reaches that court. If he fails to comply, the trial court may take steps in accordance with the law to secure his arrest.

BDLawPost / Masum