1 2025:CGHC:14830 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 489 of 2025 1 - Ganesh Verma S/o Nemichand Verma Aged About 26 Years R/o Village Londamuda, Police Station Komakhan, District Mahasamund Chhattisgarh. (Description Of Appellant Is Mentioned As Per Mcrc No. 9142/2024) ... Appellant(s) versus 1 - State Of Chhattisgarh Through The Station House Officer, Police Of Police Station Komakhan, District Mahasamund Chhattisgarh. ... Respondent(s) For Appellant(s) : Mr. Aditya Khare, Advocate For Respondent(s) : Mrs. Sunita Manikpuri, Panel Lawyer Hon’ble Shri Justice Arvind Kumar Verma, Judge Order on Board 27/03/2025 1. This appeal under Section 14-A(2) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 is filed against impugned rejection order dated 25.02.2025 (Annexure A- 1) in Crime No. 160/2024 passed by learned Special Judge (S.C. 2 S.T. Act) Mahasamund, District- Mahasamund (C.G.) whereby appellant’s second application filed under Section 483 of BNSS for grant of bail was rejected. 2. The victim is present today before this Court in person and raised no objection with regard to the bail of the appellant. 3. Appellant is in jail since 11.12.2024 in connection with Crime No. 160/2024 registered at Police Station-Komakhan, District Mahasamund (C.G.) for the offence punishable under Section 69 of BNS and Section 3(2)(v) of SC/ST Act. 4. Case of prosecution, in brief, is that the victim lodged the report against the appellant alleging in it that she was posted as Village Panchayat Secretary and she met with the appellant 5 months ago and it is alleged that the appellant established physical relationship with her on the pretext of marriage and it is further alleged that the appellant is having obscene photo f her and the appellant demanded money with the victim and threatened her. On the basis of report lodged by the victim, the police registered the offence against the appellant and subsequently the appellant was arrested by the police on 11.12.2024 for the offence punishable under Section 69 of BNS and Section 3(2)(v) of S.C./S.T. (Prevention of Atrocities) Act. 5. Learned counsel for the appellant submits that the appellant is innocent and he has been falsely implicated in the case. He further contended that at this juncture, even if it is assumed that the money has been transferred in the account of applicant, it has 3 been transferred voluntarily, so far the allegation of obscene photo kept by the appellant is concerned, no seizure was made and the prosecution filed the charge sheet and in the entire charge sheet so section was added by the prosecution with regard to demonstrate that the appellant in any manner is having the obscene photo of the victim. 6. Learned State Counsel objected the prayer stating that in the judgment rendered by the Trial Court all incriminating circumstances are against the accused/applicant which connects him with the crime and chain of circumstances are fully linked and completed with each other. 7. Heard counsel for respective parties. 8. Considering entire facts and circumstances of case, nature of allegations, submission of counsel for respective parties and considering the age and statement of the victim, it appears that there was a love affair by and between the parties, and the charge sheet has already been filed before the trial court. Therefore, l am inclined to allow this appeal. 9. Accordingly, the appeal is allowed. Impugned rejection order (Annexure A-1) is set aside. It is directed that appellant shall be released on regular bail upon his furnishing a bail bond in sum of Rs. 10,000/- with one surety in the like sum to the satisfaction of the Court on the conditions that:- (a) Appellant shall appear before trial court regularly on each and every date, unless exempted from appearance. 4 (b) Appellant shall not, in any manner, tamper with the prosecution witnesses. Sd/- (Arvind Kumar Verma) JUDGE Madhurima