1 2025:CGHC:40464 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 1551 of 2025 1 - Mohd. Apsar Ali @ Thuthuwa S/o Mohd. Latif Aged About 27 Years Caste - Musalman, R/o Village- Loharpuraiya, Police Station - Bikapur, District- Faijabad (U.P.) 2 - Gulam Kadir S/o Mohd. Halim Aged About 40 Years Caste- Musalman, R/o- Village- Kakna, Police Station - Kadipur, District- Sultanpur, (U.P.) ... Appellants versus 1 - State Of Chhattisgarh Through The Station House Officer, Police Station - Bishrampur, District- Surajpur (C.G.) ... Respondent For Appellants : Mr. Shivendu Pandya, Advocate. For Respondent/State : Mr. Karan Baharani, P.L. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order On Board 12/08/2025 1. This appeal is filed under Section 14-A(2) of the SC & ST (Prevention of Atrocities) Act, 1989 for grant of regular bail to the appellants as they are arrested in connection with Crime No. 41/2025 registered at police station Bishrampur, District Surajpur (C.G.) for commission of offence Digitally signed by HEERA LAL SAHU Date: 2025.08.13 10:19:07 +0530 2 punishable under Sections 70(1), 331(4) of BNS and Section 3(2)(v) of SC & ST (Prevention of Atrocities) Act. 2. As per the case of the prosecution, it is alleged that on 06.02.2025, the appellants, along with three other co- accused persons, came to the house of the victim and committed forceful sexual intercourse with her repeatedly and ran away. Thereafter, she disclosed the incident to her brother-in-law. Based on this, offence has been registered against the present appellants along with other co-accused persons. 3. By order dated 27.05.2025 passed by the learned Special Judge in Bail Application No. 315/2025, the bail application filed by the appellants has been rejected against which the appellants have filed this appeal. 4. Learned Counsel appearing for the Appellants submits that the Appellants are innocent and has been falsely implicated in the case. He further submits that the medical report of the victim is not supported the case of the prosecution as there is no internal or external injuries sustained by the victim. He also submits that the two other co-accused persons namely Md. Islam and Md. Ramjan have already been granted bail by this Court on 17.06.2025 in CRA No. 830/2025. He lastly submits that the appellants are in jail since 06.02.2025, and the trial is likely to take considerable time to be finalised, therefore, it is prayed that the appeal may be allowed and the appellants may be released on bail. 5. On the other hand, learned Counsel appearing for the State opposes the bail application and submits that aforesaid co- accused persons have been granted bail on the ground that the victim has not stated anything against them in her Court statement and the victim was no objection in 3 granting bail to the aforesaid co-accused persons, but looking the victim’s statement there is a specific allegation against the present appellants; therefore, at this stage, the Appellant may not be enlarged on bail. 6. No one appeared on behalf of the victim, though notice has been served. 7. I have heard learned Counsel appearing for the parties and perused the documents available on record. 8. Considering the totality of the facts and circumstances of the case and also looking to the nature of the offence and the evidence collected by the prosecution against the appellants, further considering that there is specific allegation against the present appellants in the victim’s Court statement, without commenting on the merits of the case, at this stage, I am not inclined to release the appellants on bail. 9. Accordingly, the appeal is dismissed. 10.Office is directed to sent a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Sanjay Kumar Jaiswal) Judge H.L. Sahu