1 2025:CGHC:44315 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 1771 of 2025 Premshankar Chandra S/o Dakwar Prasad Chandra Aged About 56 Years R/o Village Bade Rabeli, P.S. And Tahsil Malkharouda, Distt. Sakti, Chhattisgarh. ... Appellant(s) versus State Of Chhattisgarh Through Station House Officer, P.S. Malkharouda, Distt. Sakti, Chhattisgarh. ... Respondent(s) For Appellant : Mr. Ajay Kumar Chandra, Advocate For Respondent/State : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 01.09.2025 1. The appellant has preferred this Criminal Appeal under Section 14- A(2) of the SC/ST (Prevention of Atrocities) Act, 1989 for setting aside of order dated 19.08.2025 passed by the Special Judge SC/ST Act (Atrocities) Janjgir, District- Janjgir-Champa (C.G.) for grant of anticipatory bail, as he apprehends his arrest in connection with Crime No.76/2025, registered at Police Station- Malkharouda, District Sakti (C.G.) for the offence punishable under Sections 296, 115(2), 126(2), 127(2), 191(2), 109(1), 351(2) of the B.N.S. and Section 3(1)(e)(r)(s) of the Schedule Caste and Schedule Tribes (Prevention of Atrocities) Act. KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 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, appellant along with co-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 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. 3 Based upon the complaint, police has registered FIR for commission of offence under section 296, 115(2), 126(2), 127(2), 191(2), 109(1), 351(2) of the B.N.S. and section 3 (1) (e) (r) (s) of the Schedule Caste and Schedule Tribes (Prevention of Atrocities) Act against the appellant along with co-accused parsons. 3. Learned counsel for the appellant submits that the appellant is innocent and he has been falsely implicated in this case. He further submits that during meeting, there was some dispute in between other accused person and complainant with regard to walking but the appellant has neither committed marpeet nor using filthy language with the complainant nor committed any aforesaid offence as alleged by the prosecution against him and only due to previous enmity, the complainant has made false complaint against the present appellant without any sufficient reason and material available on record which is against the law. He further submits that there are total 07 accused persons involved in this case, out of which 06 accused persons have granted regular bail by this Court vide order dated 21.07.2025 in CRA No. 1229/2025 and on the basis of parity, this Court may kindly be pleased to consider it and grant bail to the appellant. 4. Learned counsel for the appellant further submits that the appellant has been suffering from heart disease and has undergone a heart surgery on 04.08.2025 and his treatment is going on continuously. The police has not properly investigated the matter about incident before registration of FIR against the appellant based upon the false and baseless allegation without any sufficient reason and further there is no ingredient of offence punishable under Sections 296, 115(2), 126(2), 127(2), 191(2), 109(1), 351(2) of the B.N.S. and section 3 (1) 4 (e) (r) (s) of the Schedule Caste and Schedule Tribes (Prevention of Atrocities) Act of the prosecution story against the present appellant. He lastly submits that the appellant has no previous criminal antecedent. Hence, he prays to allow this instant appeal. 5. Learned counsel for the State opposes the prayer for grant of anticipatory bail application and submits that the victim was brutally tortured, stripped, tied beaten with sticks and belts, paraded with a dog collar and humiliated by pinching his private parts. The incident was video graphed and uploaded on social media. Later, a false POCSO FIR was lodged against the victim as a counterblast, hence, the present appellant is not entitled for grant of anticipatory bail. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the appellant, it transpires that the the co-accused persons namely Balwant Chandra, Chakradhar Singh, Churamai Chandra, Surya, Govind Kumar and Hemprakash Chauhan have already been granted bail by this Court in CRA No. 1229/2025, vide order dated 21.07.2025 and the case of the appellant is similar to that of co-accused and further considering the fact that the appellant is suffering from heart disease and has undergone a heart surgery on 04.08.2025 and his treatment is going on continuously therefore, in view of the above facts and circumstances, the order dated 19.08.2025 passed by the learned Special Judge SC/ST (P.A.) Act Janjgir District-Janjgir-Champa in Bail petition No. 701/2025, rejecting the anticipatory bail application of the appellant filed under Section 482 of BNSS, is hereby set aside. 7. Accordingly, the instant appeal is allowed and it is directed that in the event of arrest of the appellant – Premshankar Chandra, on 5 executing a personal bond with one local surety in the like sum to the satisfaction of the arresting Officer, he shall be released on bail on the following conditions:- (a) 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 from disclosing such fact to the Court. (b) He shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) He shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial. (d) The Appellant and the surety shall submit a copy of their adhaar card alongwith a colored postcard full size photo having printed the adhaar number on it, which shall be verified by the trial Court. (e) He shall not involve himself in any offence of similar nature in future. 8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance. Sd/- Sd/- (Ramesh Sinha) Chief Justice Kunal