1 2025:CGHC:34705 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 1229 of 2025 1 - Balwant Chandra S/o Shyam Lal Chandra Aged About 46 Years R/o Baderbeli, Police Station Malkharouda, District Sakti (C.G.) 2 - Chakradhar Singh S/o Shyam Lal Chandra Aged About 45 Years R/o Baderbeli, Police Station Malkharouda, District Sakti (C.G.) 3 - Churamai Chandra @ Mani S/o Shyam Lal Chandra Aged About 36 Years R/o Baderbeli, Police Station Malkharouda, District Sakti (C.G.) 4 - Surya @ Tokeshwar Chandra S/o Balwant Chandra Aged About 28 Years R/o Baderbeli, Police Station Malkharouda, District Sakti (C.G.) (Carrect Mame Mentaned ) 5 - Govind Kumar Chandra S/o Narsingh Chandra Aged About 32 Years R/o Baderbeli, Police Station Malkharouda, District Sakti (C.G.) 6 - Hemprakash Chouhan S/o Santosh Chouhan Aged About 32 Years R/o Baderbeli, Police Station Malkharouda, District Sakti (C.G.) ... Appellant(s) versus State Of Chhattisgarh Through The Station House Officer, Police Station Malkharouda, District Sakti (C.G.) ... Respondent(s) For Appellants : Mr. Ajay Kumar Chandra, Advocate. For Respondent : Ms. Monika Thakur, Panel Lawyer. For Objector : Mr. Anchal Kumar Matre KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 21.07.2025 1. The appellants have preferred this Criminal Appeal under Section 14-A(2) of the SC/ST (Prevention of Atrocities) Act, 1989 for setting aside of order dated 16.06.2025 passed by the Special Judge SC/ST (P.A.) Act, District- Janjgir-Champa (C.G.) and for grant of bail, as they have been arrested in connection with Crime No.76/2025, registered at Police Station- Malkharouda, Sakti, District Sakti (C.G.) for the offence punishable under Sections 296, 115(2), 126(2), 127(2), 191(2), 109(1), 351(2), 117(4) of B.N.S. and Section 3-1 (e)(r)(s) of Schedule Castes and Scheduled Tribes (Prevention of Atrocities) Act (as per charge-sheet). 2. The case of the prosecution, in brief is that on 08/04/2025 between 11:00 AM to 12:00 PM, the injured, Rahul Anchal, had gone to the village Bade Rabeli for work. There, accused persons named Surya Chandra, Balwant Chandra, Govind Chandra, Hem Prakash Chauhan, Chakradhar Chandra, Mani Chandra, and Bhagi Chandra confronted him, questioning why he was roaming in their village the previous night. They forcibly took him to the house of Chakradhar Chandra, where they tied his hands and legs and put a rope around his neck. Upon asking for his name and address, the injured identified himself as Rahul Anchal. At that point, they verbally abused him with caste-based and obscene slurs, calling him “Satanami Chamar” and other derogatory terms, and threatened him by saying, “They will beat him so badly today that he will not be 3 able to walk into any village again and threatened will not leave here alive.” With the intent to kill, they brutally assaulted him using a belt, stick and cable pipe. As a result, the victim sustained injuries near his eye and all over his body. He was tied by the neck with a rope and kept confined overnight at Chakradhar Chandra’s house. The following morning, he was brought naked to the main square (marketplace) of Bade Rabeli, where in full public view, Surya Chandra pierced his body with a needle and pulled hair from his private parts. The injured/victim was again beaten in front of the public. He somehow managed to escape and, while running through the village, found a bathroom with a saree curtain, which he wrapped around himself to preserve his dignity. After the video of the incident went viral, the President of the Satnami Community of Malkharoda, Mr. G.R. Banjare, submitted a written complaint to Police Station Malkharoda. Based on this, a First Information Report (FIR) was registered against Surya Chandra, Balwant Chandra, Govind Chandra, Hem Prakash Chauhan, Chakradhar Chandra, and Bhagi Chandra under the above mentioned sections. 3. Learned counsel for the appellants submits that the appellant is innocent and he has been falsely implicated in this case. He further submits that the real fact is that the accused Rahul Anchal had entered to the house of appellants and committed rape upon the daughter of appellant No.2 who is minor and when the victim cry, the present appellants were reached there and some dispute arose. In this regard, the FIR has been lodged against Rahul Anchal for the offence under Section 64 (A) of BNS and Section 4 of the Protection 4 of Children from Sexual Offences Act as Crime No. 78/2025 and now said Rahul Anchal is absconding. He further submits that the FIR was lodged by the member of Satnami community not by the injured, who is now absconding and the appellants are in jail since 12.03.2025 and in the present case, charge-sheet has been filed before the competent Court. Hence, he prays to allow this instant appeal. 4. Learned counsel for the State opposes the bail application and the submissions made by learned counsel for the appellant. 5. Learned counsel for the objector opposed the prayer for grant of bail to the appellants and submits that the victim was so brutally tortured, he was beaten up brutally using bamboo stick, belt, pipe after removing all his clothes. The victim was tied and beaten up by the appellants, dog neck belt was tied on the neck of victim and was paraded all over village. He further submits that the torture was so brutal that the private part of victim was pinched using pin and his pubic hair was pulled out. All these brutal acts of appellants was even video graphed by them and uploaded on social media to show their dominance in the area. Screenshots of some of the pictures of torture against the victim are also annexed as Annexure A-2. The victim somehow escaped and got admitted to Medical College Raigarh, (C.G.) where he received primary treatment. He further submits that the victim came to know that a false FIR has also been registered against the victim for the offences punishable under POCSO Act as counter blast on 12.04.2025 by showing daughter of appellant No. 2 as victim in that case. Accordingly, the present 5 appellants are not entitled for grant of bail. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the appellants and further it transpires that the injured- Rahul Anchal involved in physical relationship with the daughter of appellant No.2 on account of which the appellant No.2 along with rest appellants have assaulted him by hard and blunt object by removing all his clothes and paraded all over village thereafter, shoot video clips and uploaded on social media to show their dominance in the area further FIR has been lodged against Rahul Anchal for committing rape. Moreover, it transpires that there are cross case have been registered against both the parties and as per the MLC report of the injured, the injuries were found to be simple in nature and in the present case, charge-sheet has been filed before the competent Court and the appellants are in jail since 12.04.2025 but the conclusion of the trial is likely to take some time, the order dated 16.06.2025 passed by the learned Special Judge SC/ST (P.A.) Act Janjgir District-Janjgir-Champa in SCC SC/ST Act 9/2025, rejecting the application of the appellants filed under Section 483 of BNSS, is set aside. 7. Accordingly, the instant appeal stands allowed. 8. Let appellants, Balwant Chandra, Chakradhar Singh, Churamai Chandra @ Mani, Surya @ Tokeshwar Chandra, Govind Kumar Chandra and Hemprakash Chouhan, involved in Crime No. 76/2025, registered at Police Station : Malkhouradha, District- Sakti (C.G.) for the offence punishable under Sections 296, 115(2), 6 126(2), 127(2), 191(2), 109(1), 351(2), 117(4) of B.N.S. and Section 3-1 (e)(r)(s) of Schedule Castes and Scheduled Tribes (Prevention of Atrocities) Act, be released on bail on furnishing personal bond with two sureties each in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The appellants shall file an undertaking to the effect that they shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (ii) The appellants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the appellants misuses the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the appellants fail to appear before the Court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The appellants shall remain present, in person, 7 before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of BNSS. If in the opinion of the trial court absence of the appellant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against them in accordance with law. 9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- Sd/- (Ramesh Sinha) Chief Justice Kunal