1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 1778 of 2025 1 - Chathu Yadav S/o Lt. Jhari Yadav Aged About 68 Years R/o Village- Palgi, P.S.- Trikunda, District- Balrampur-Ramanujganj, C.G. (As Per Correct Details) ... Appellant(s) versus 1 - State Of Chhattisgarh Through Station House Officer, Police Station- Trikunda, District- Balrampur-Ramanujganj, C.G. ... Respondent(s) For Appellant (s) : Mr. Hari Om Rai, on behalf of Mr. Sachin Nidhi, Advocate For Respondent(s) : Ms. Priya Sharma, Panel Lawyer S.B. Hon’ble Shri Justice Ravindra Kumar Agrawal, J. Order on board 25.09.2025. 1. Pursuant to the order dated 04.09.2025, the complainant appeared before this Court from DLSA- Balrampur and raised objection in granting bail to the appellant. His objection is taken on record. 2. The present is a criminal appeal under Section 14 (A)(2) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 filed by the appellant against the impugned order dated 13.08.2025 passed by learned Special Judge (SC/ ST Prevention of atrocities Act), Balrampur, P.S. Ramanujganj in Bail application No. 408/2025 whereby the anticipatory bail application filed by the appellant has been rejected. The appellant is apprehending his arrest in collection with Crime No. 49/2025 registered at P.S. Tirkunda for SAGRIKA AGRAWAL Digitally signed by SAGRIKA AGRAWAL Date: 2025.09.26 16:28:47 +0530 2 the offence under Section 296, 351 (2), 3 (5) of BNS and Section 3 (1)(r), 3(1)(s), 3(1)(f), 3(1)(g) of Prevention of Atrocities Act. 3. The case of the prosecution is that on 28.07.2025, at about 2 -3 pm, when the filed of the complainant was ploughings by the appellant and his son by their tractor, the complainant tried to stop them and then the appellant and his son abused him in the name of his caste with filthy language and threatened him also with dire consequences. On the report lodged by the complainant, the FIR is registered against the appellant and his son Durgesh, in which the appellant is apprehending his arrest. 4. Learned counsel for the appellant would submit that the appellant has been falsely implicated in the offence. There exists land dispute between the appellant and the complainant and earlier also, the appellant has made a complaint to the P.S. Tirkunda on 28.06.2025 with respect to the dispute between the parties. He would also submit that the civil and revenue litigation was also pending before the competent Court. The appellant and his son trying to plough the filed under their rightful title and the complainant was unnecessarily interfere in it and only to keep the appellant and his son out of the property, he lodged the complainant and since the complainant belongs to Scheduled Tribe community, the offence under the SC/ST Act is added. He would further submit that the other offences of BNS are bailable one. The appellant is aged about 68 years and therefore, looking to the age of the appellant, he may be granted anticipatory bail. 5. On the other hand, learned counsel for the State opposes and would submit that in view of the bar under Section 18 of the Act of 1989, the bail application of the appellant is not maintainable. There is sufficient allegation against the appellant that he intentionally insults and intimidates the complainant who belongs to Schedule Tribe community. They tried to encroach the property of the complainant for which the offence has rightly been registered against the appellant and his son, therefore, the anticipatory bail application of the appellant is liable to be dismissed. 6. I have heard learned counsel for the parties and perused the case diary. 7. From the FIR as well as statement of the witnesses, it transpires that on the date of the incident, when the appellant and his son ploughings the field of land Khasra No. 1417, the complainant tried to stop them and then the altercation started between then and it is 3 alleged that the appellant hurling abuses in the name of his caste and intimidates him. From the document annexed with the present appeal on 16.09.2025, it further transpires that on 28.06.2025, the present appellant has made a complaint against the complainant in which the intimation under Section 174 of B.N.S.S. have been given to the appellant on the ground that there exist a civil and revenue dispute between the parties with respect to the land. Considering the allegation against the present appellant, particularly considering the age of the appellant that the appellant is aged about 68 years, this court is of the opinion that the appellant can be released on anticipatory bail. Therefore, on the ground of his age, it is directed that the appellant Chathu Yadav shall be released on anticipatory bail. 8. Therefore, the appeal filed by the appellant is allowed and the impugned order dated 13.08.2025 is set aside and it is directed that in the event of arrest of the appellant in connection with the aforesaid offence, he shall be released on bail by the officer arresting him 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 Arresting Officer. The appellant shall also abide by the following conditions:- (i) He Shall make himself available for interrogation before the investigating officer as and when required. (ii) He shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/ her from disclosing such facts to the Court or to any police officer. (iii) He shall not act, in any manner, which will be prejudicial to fair and expeditious trial; and (iv) He shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial unless his personal presence is exempted by the trial Court. 9. It is made clear that any observation made in this order is restricted only for consideration of the present appeal. The learned trial Court shall decide the case on its own merits without being influenced by any observation made in this order. Sd/- (Ravindra Kumar Agrawal) Judge Sagrika