1 2025:CGHC:33062 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 1235 of 2025 Chandan Kumar Sahu S/o Arun Kumar Aged About 24 Years R/o Rampur, Police Station Bhakhara, District Dhamtari Chhattisgarh ... Appellant versus State Of Chhattisgarh Through Police Station Bhakara District Dhamtari Chhattisgarh (Wrongly Mentioned As P.S. Ajak Dhamtari In The Cause Title Of The Impugned Order) ... Respondent For Appellant : Mr. Prasoon Agrawal, Advocate For Respondent/State : Ms. Priya Sharma, P.L. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order On Board 15/07/2025 1. This appeal under Section 14-A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (in short “the SC/ST Act”) has been filed against the order dated 26.05.2025 passed by the Special Judge (SC/ST Act), Dhamtari (C.G.) whereby the bail application filed by the appellant under Section 483 of BNSS in connection with Crime No.54/2025 registered at Police Station Bhakara, District Dhamtari (C.G.) for the offence Digitally signed by BHOLA NATH KHATAI Date: 2025.07.16 17:56:19 +0530 2 punishable under Sections 64(1), 351(2) of BNS and Section 3 (2) (v) of the SC/ST Act has been rejected. 2. As per the prosecution case, on 25.04.2025 when the prosecutrix was alone at her house, the appellant came to her house and forcibly committed sexual intercourse with her and also threatened her with dire consequences if she disclosed the incident to anyone. On report being made in this regard, offence under the aforesaid sections has been registered against the appellant. 3. Learned Counsel for appellant submits that the appellant has been falsely implicated in this case as the husband of the prosecutrix had seen the appellant talking to the prosecutrix. He submits that the incident is said to have taken place on 25.04.2025 at around 8:15 pm in which the incident of rape is also said to have taken place two days earlier on 23.04.2025, but no report has been lodged for it. On the report of the husband, Istgasa Annexure A-2 was registered at Police Station, Bhakhara on the incident of 3:30 pm on 25.04.2025 i.e. about 3-4 hours before the alleged rape incident. There is an allegation of assault, but no injury has been found. He further submits that the prosecutrix is major and a married lady, co-accused Doman Lal Sahu has already been granted bail by the trial Court, the appellant is in jail since 26.04.2025 and the trial is likely to take considerable time for its completion, therefore, considering all these facts, the appellant may be released on bail. 4. On the other hand, learned counsel appearing for the State opposes the said prayer and submits that considering the nature of offence, the appellant does not deserve to be released on bail. 5. The prosecutrix along with her husband appeared before this Court through virtual mode from the concerned DLSA today and objected to grant bail. 3 6. Heard learned counsel for the parties and perused the record. 7. Taking into consideration the entire facts and circumstances of the case, particularly the facts that the co-accused has already been granted bail by the trail Court, the appellant is in jail since 26.04.2025 and the final conclusion of the trial is likely to take considerable time and also considering the Istgasa Annexure A-2 and the materials available on record, without commenting anything on merits of the case, this Court is of the opinion that prima facie, a case for grant of bail to the appellant has been made out. 8. Accordingly, the appeal is allowed. The impugned order dated 26.05.2025 is set aside. It is directed that the appellant shall be released on bail on his furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court. The appellant is directed to appear before the trial Court on each and every date to be given to him by the said Court till completion of the trial. 9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information. Sd/- (Sanjay Kumar Jaiswal) Judge Khatai