Extracted from the PDF above. The PDF is authoritative.
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NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 1767 of 2025 1 - Manish Jaiswal S/o Awadhram Jaiswal, Aged About 22 Years R/o - Haldharpali P.S. Kedar District - Sarangarh - Bilaigarh (C.G.)
... Appellant(s) versus 1 - State Of Chhattisgarh Through Police Station Kedar District - Sarangarh - Bilaigarh (C.G.)
... Respondent(s) For Appellant (s) : Mr. Sanjay Agrawal, Advocate For Respondent(s) : Ms. Laxmeen Kashyap, Panel Lawyer Hon’ble Shri Justice Ravindra Kumar Agrawal, J. Order on board
19.09.2025. 1. Pursuant to the order dated 01.09.2025, the victim has appeared through virtual mode from the DLSA Sarangarh 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 (Atrocities Act), Raigarh in Special Criminal SAGRIKA AGRAWAL Digitally signed by SAGRIKA AGRAWAL Date: 2025.09.19 18:39:21 +0530
2 Case under the Atrocities Act No. 23/2025 whereby the anticipatory bail application of the appellant has been rejected. The appellant is apprehending his arrest in connection with Crime No. 39/2025 registered at P.S Kedar, Dist- Sarangarh-Bilaigarh for the offence under Sections 376, 509-B, 294 of IPC , Section 67 (A) of Information Technology Act and Section 3 (2)(v) of SC/ST Act. 3. The case of the prosecution is that on 02.06.2025, the victim lodged a written complaint to the Police alleging in it that they introduced with each other on 12.12.2023 through Instagram App in online and thereafter they developed their friendship and it converted into their physical relation in the month of February, 2024. They made physical relation and thereafter, they performed marriage in Kali Mandir, Sarangarh and when the family members of the victim came to know about their relation, they got them separated, thereafter, the appellant started threatening to her that he will get her obscene video viral which culminated into the lodging of the FIR. The Police has registered the offence under Section 376, 509-B, 506-B, 294 of IPC , Section 67 (A) of Information Technology Act. The appellant has been arrested on 02.06.2025 and charge-sheet has been filed. 4.
Learned counsel for the appellant would submit that the victim is a major girl, having love affair with the appellant, both of them have performed marriage and thereafter, made physical relation consensually. It is only when her family members came to know about their relation, they got them separated and under the pressure of her family members, she lodged the report. The appellant is in jail since 02.06.2025 and final adjudication of the case will take its own time, therefore, he may be enlarged on bail. 3
5. On the other hand, learned State counsel opposes the submissions made by learned counsel for the appellant and would submit that the victim belongs to Schedule Tribe community and she was sexually exploited by the appellant on the pretext of marriage and he also threatened her that he will get her obscene video viral and shown her obscene video which was kept in his mobile phone. When the threatening of the appellant was unbearable she lodged the report. Therefore, there is sufficient material against the appellant in the case and he is not entitled for bail. 6. I have heard learned counsel for the parties and perused material annexed with the case as well as perused the 183 B.N.S.S. statement of the victim. 7. Considering the submissions made by learned counsel for the parties, considering the nature of allegation and material collected during the investigation, further considering the 183 BNSS statement of the victim as well as their relationship since 2024, I am inclined to release the applicant on bail. 8. Accordingly, the impugned order dated 13.08.2025, passed by learned Special Judge (Atroticities Act) Raigarh, in Special Criminal Case under the Atrocities Act No. 23/2024 is hereby set aside. The appeal is allowed. 9. It is directed that the applicant Manish Jaiswal shall be released on bail 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 trial Court, on following conditions:- (i) 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. 4 (ii) He shall not act in any manner which will be prejudicial to fair and expeditious trial. (iii) He shall appear before the trial Court on each and every date given to him by the concerned trial Court till disposal of the trial. Sd/- (Ravindra Kumar Agrawal) Judge
Sagrika