1 2025:CGHC:43311 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 1618 of 2025 1 - Shashibhushan Sahu S/o Sadhuram Sahu, Aged About 37 Years R/o Village - Chhatadei, Chauki - Kanakbeera, P.S. Sarangarh District - Sarangarh - Bilaigarh (C.G.) ... Appellant Versus 1 - State Of Chhattisgarh Through Station House Officer - Police Chowki - Kanakbira, P.S. - Sarangarh District - Sarangarh - Bilaigarh (C.G.) ... Respondents For Appellant : Mr. Rajesh Tiwari, Advocate For Respondent : Mr. Pranjal Shukla, Advocate SB: Hon'ble Shri Parth Prateem Sahu, Judge ORDER ON BOARD 26/08/2025 1. This appeal under Section 14 (A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 is filed against the order dated 25.07.2025 passed in Special (Atrocities) Case No. 21/2025 whereby learned Special Judge (Atrocities Act), Raigarh, District – Raigarh, C.G. had dismissed the application filed by the appellant under Section 483 of BNSS, 2023 for grant of regular bail. 2. Case of the prosecution is that on 07.06.2025 at about 07 - 08 A.M., due to rash driving of Tractor, co-accused Sadhu Sahu has abused the complainant and have also threatened him to life. Co-accused SHUBHAM DEY Digitally signed by SHUBHAM DEY 2 Sadhu Sahu had lifted the axe, however, the complainant somehow managed to caught hold the hand of the co-accused. Thereafter, the appellant along with other co-accused Chetan intercepted the complainant near Kuldhar Yadav’s house, started abusing him and also assaulted him alleging that the complainant assaulted their father. The incident was reported to the concerned police station, based upon which, aforementioned offences were registered against the applicant. 3. Learned counsel for the appellant submits that the appellant is innocent, he has been falsely implicated in the crime and he has not committed any offence as alleged. He submits that the allegation of abusing by caste and assaulting the complainant is absolutely false and baseless. It is the complainant who first assaulted and abused father of the appellant against which, they have also lodged report in the concerned police station bearing Crime No. 264/2025 for alleged commission of offence under Section 115(2), 118(1), 296, 3 (5), 351 (2) of the B.N.S., 2023. The co-accused persons have been enlarged on bail, however, the application of the present appellant was rejected only on the ground that one other criminal antecedent is pending against him. He submits that the other criminal antecedent which is pending against the appellant is under Section 294, 506, 323. Hence, he may be enlarged on bail. 4. On the other hand, learned counsel for the State opposes the submission made by learned counsel for the appellant and would submit that the complainant has made specific allegation against the appellant and the co-accused person. The allegation against 3 the appellant is that he assaulted the complainant by hands and fists and also, by wooden stick. 5. Pursuant to the notice issued by this Court, victim/complainant appeared through virtual mode from D.L.S.A. Sarangarh. He raises objection in grant of bail to the appellant. 6. I have heard learned counsel for the respective parties. 7. Taking into consideration, facts and circumstances of the case, nature of allegations, submission of counsel for the respective parties, without commenting anything on the merits of the case, I am inclined to allow this criminal appeal. 8. Accordingly, the criminal appeal is allowed and impugned order is set-aside. It is directed that appellant shall be released on bail upon his furnishing a personal bond in the sum of Rs. 25,000/- with one surety in the like sum to satisfaction of Trial Court concerned on the conditions that: (a) The applicant shall file an undertaking to the effect that he 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. (b) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. (c) In case, the applicant misuses the liberty of bail during trial and in order to secure her presence, proclamation under Section 84 of BNSS. is issued and the applicant fails to appear before the courton the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (d) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and 4 (iii) recording of statement under Section 351 of BNSS. If in the opinion of the trial court absence of the applicant 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 him in accordance with law. Certified copy as per rules. Sd/- (Parth Prateem Sahu) Judge Dey