1 2025:CGHC:48120 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 1764 of 2025 1 - Harsh Sharma S/o Narayan Sharma Aged About 24 Years R/o Tamer Para, Hatri Bazar, Killa Mandir Durg, Tahsil And District Durg C.G. ... Appellant(s) versus 1 - State Of Chhattisgarh Through Station House Officer, Police Station Ajak Durg, District Durg C.G. ... Respondent(s) For Appellant (s) : Mr. Nishi Kant Sinha, Advocate For Respondent(s) : Mr. Karan Kumar Bahrani, Panel Lawyer S.B.: Hon'ble Shri Ravindra Kumar Agrawal, Judge Order On Board 18/09/2025 1. Pursuant to the order dated 01/09/2025, the victim appeared in person before this Court and raised objection in granting bail to the appellant. Her objection is taken on record. 2. The present appeal under Section 14A (2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (in short 'SC/ST Act') has been filed by the appellant against the order dated 13-08-2025 passed by the learned Special Judge (SC/ST Act), Durg in Bail Application SAGRIKA AGRAWAL Digitally signed by SAGRIKA AGRAWAL Date: 2025.09.19 18:39:22 +0530 2 SCST/ 3/2025 whereby the anticipatory bail application of the appellant has been rejected. The appellant is apprehending his arrest in connection with Crime No. 338/2025 registered at P.S Bhilai Nagar, Dist- Durg for the offence under Sections 69, 351 (3) of Bhartiya Nyay Sanhita, 2023 and Section 3(2)(v) of the SC/ST Act. 3. The brief facts of the case is that on 10.07.2025, the victim lodged a written complaint to the Police alleging in it that they introduced with each other on 23.01.2025 through Tinder App in online and thereafter they started meeting frequently. The appellant proposed her for marriage and kept her under assurance that he will marry with her. On 29.01.2025, he took her to Dhassehra Maidan, Sector-7 and has made physical relation with her. After some time, his behavior is started changing and ultimately differences started between them yet he again made physical relation with her on 08.05.2025 and 15.05.2025. Some altercation took place on 28.05.2025 and then, he disclosed that he made her obscene video and he threatened her that he will get it viral in social media and also show it to her parents. He shown her obscene video to her and despite her request for its deletion, he has not deleted it in his mobile phone and again started threatening to her. On the complaint made by the victim, the FIR has been registered on 10.07.2025 in which the appellant is apprehending his arrest. 4. Learned counsel for the appellant would submit that the appellant is innocent and has been falsely implicated in the offence with intension to extort money from the appellant, a false report has been lodged by the victim. The victim is a habit of lodging false report against the persons to extort money from them. He would further submit that earlier, the victim has lodged another report against one Kshitij Bulbule which was 3 registered as Crime No. 430/2023 at P.S. Pulgaon, in which he was acquitted by the learned trial Court vide judgment dated 20.03.2025. There is no allegation in the FIR that the appellant had refused to marry with her and therefore, there is no ingredients of the offence that on the pretext of marriage, he committed offence with the victim. The victim is a major girl, having very well known her well being and she visited various places with the appellant without raising any objection. The report has been lodged after a long delay of the alleged incident. The manner in which the alleged offence is said to have been committed by the appellant, would not be possible or even if it is appears to be possible, it would not be possible without the active consent of the victim. The appellant is a player of C.G. State Cricket Sangh and playing in various tournaments like C.K. Naidu Trophy, Binu Mankad Trophy, Cooch Bihar Trophy and having a good reputation in the community and society. There is no ingredients that the appellant has committed offence knowingly that the victim belongs to Schedule Caste / Schedule Tribes community, therefore, the appellant may be granted anticipatory bail. The appellant is ready to cooperate with the investigation as well as trial of the case and would not temper the witnesses. 5. On the other hand, learned State counsel opposes the submissions made by learned counsel for the appellant and would submit that the victim was allured by the appellant and she was kept under assurance that the appellant will marry with her and under keeping her assurance, he made physical relation with her repeatedly and ultimately started misbehaving with her which clearly shows that he was not interested in marrying the victim. When the victim considered that the appellant would not marry with her, she lodged the report. From the statement of the victim recorded 4 under Section 180 & 183 of B.N.S.S. and from the data extracted from the mobile phone of the victim, the involvement of the appellant in the offence in question is prima facie reveals. There is prima facie evidence against the appellant that he committed offence and therefore, he is not entitled for anticipatory bail. 6. I have heard learned counsel for the parties and perused the case diary. 7. From perusal of the case diary, it would show that the victim has made written complaint on 10.07.2025 in which she made detailed events on which the offence committed by the appellant. There is positive allegation that the appellant developed physical relation with the victim on the pretext of marriage and the relation between them has also been corroborated with the date extracted from the mobile phone and also from her 180 and 183 B.N.S.S. Statement. There are prima facie material available in the case diary against the appellant that he is involved in the alleged offence. Although, the appellant tried to establish that the victim had earlier lodged the report against one Kshitij Bulbule and when he has been acquitted, in the opinion of this Court, the same would not bear any impact on the allegation made by the appellant in the present case that the alleged incident is entirely different than the incident of the allegation against that Kshitij Bulbule. 8. Considering the entire material available in the case diary, this Court is of the opinion that it is not a fit case to grant benefit of anticipatory bail to the appellant in the present case. Accordingly, the present appeal is liable to be and hereby dismissed. Sd/- (Ravindra Kumar Agrawal) Judge Sagrika