1 2025:CGHC:49338 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 1851 of 2025 1 - Bhola Prasad Sahu S/o Prayag Sahu, Aged About 42 Years, R/o Village Amdiha, Post Bartikala, Tahsil And Police Out Check-Post Wadrafnagar, (P/s Basantpur, Not Mentioned), Distt.- Balrampur-Ramanujganj C.G. ...Appellant versus 1 - The State of Chhattisgarh Through Police of Police Out Check-Post Wadrafnagar, (P/s Basantpur, Not Mentioned), Distt.- Balrampur-Ramanujganj C.G. ... Respondent/Non-applicant (Cause-title taken from Case Information System) For Appellant : Mr. Rahul Mishra, Advocate. For State/Respondent : Ms. Priya Sharma, Panel Lawyer. Hon'ble Shri Justice Ravindra Kumar Agrawal, J. Order on Board 25-09-2025 1. Pursuant to the order dated 11-09-2025 the complainant appeared through virtual mode from DLSA Balrampur-Ramanujganj and submitted that he has no objection in granting bail to the appellant. His submission is taken on record. 2. The instant criminal appeal is preferred under Section 14(A)(2) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (in short, ‘the SC/ST Act’) against order dated 22-08-2025 passed by the learned Special Judge, the SC/ST Act, Balrampur place Ramanujganj, District Balrampur- Ramanujganj (C.G.) in Bail Application No.414/2025 whereby the application filed by the appellant for grant of anticipatory bail under Section 482 of B.N.S.S., 2023 has been rejected. The appellant is apprehending his arrest in connection with Crime No.124/2025 registered at Police Station Basantpur, Out Post Wadrafnagar, District Digitally signed by MOHAMMED AADIL KHAN Date: 2025.09.25 18:58:37 +0530 2 Balrampur-Ramanujganj (C.G.) for offence punishable under Sections 296, 126 of B.N.S., 2023 and Section 3(1)(r)(s) of the SC/ST Act. 3. Brief facts of the case are that, on 28-06-2025 one FIR has been registered against the appellant on the complaint made by the complainant that on 14-05-2025 when he along with Sarpanch of Gram Panchayat, Shivari had gone to Amdiha and after completion of official work when they were returning back, on the way the appellant met them and wrongfully restrained them and abused with filthy language in the name of his caste and threatened him also. The appellant is regularly obstructing the official work and he apprehend that at any time he will commit any offence. The FIR has been registered against the appellant in which the offence under Section 296 and 126 of B.N.S. 2023 was registered against the appellant and during the investigation the offence under the SC/ST Act has been added in which the appellant is apprehending his arrest. 4. Learned counsel for the appellant would submit that from the FIR there is no prima facie offence made out that he intentionally insulted or intimidated the complainant to humiliate him who belongs to Scheduled Tribe community. General and omnibus allegations have been leveled against the appellant, which does not constitute the offence under the SC/ST Act. He would further submit that the offence alleged against the appellant under B.N.S., 2023 is bailable offence. The complainant is the Panchayat Secretary and the appellant is raising objection against the illegality committed by him in the village and only for that reason the report has been lodged to keep away the appellant from the village. Therefore, the appellant may be granted anticipatory bail. 5. On the other hand, learned counsel for the State opposes and has submitted that there is sufficient evidence available against the appellant in the case diary that he intentionally intimidated the complainant when he was returning back to his village. There is sufficient ingredients of the offence under the SC/ ST Act in the FIR and therefore as per bar under Section 18 of the SC/ST Act, the present application 3 for grant of anticipatory bail is not maintainable and the appeal is liable to be dismissed. 6. I have heard learned counsel for the parties and perused the material annexed with the present appeal and the FIR. 7. Taking into consideration the submissions made by learned counsel for the parties and as from perusal of the FIR it transpires that general and omnibus allegations have been made by the complainant against the appellant that on the way he threatened the complainant and abused him in the name of his caste and intentionally intimidated him, however, there is no specific allegation appears in the FIR on the basis of which it can be said that the offence of SC/ST Act is rightly attracted in the case or the complainant was assaulted or abused by the appellant on the ground that he belongs to that particular caste, therefore, considering the contents of the FIR as well as the other documents annexed with the present appeal/application, this Court is of the opinion that the appellant has been able to make out exceptional case so that benefit of anticipatory bail can be granted to him. 8. Therefore, the appeal filed by the appellant is allowed and the impugned order dated 22-08-2025 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 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) that the appellant shall make himself available for interrogation before the investigating officer as and when required; (ii) that the appellant 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) that the appellant shall not act, in any manner, which will be prejudicial 4 to fair and expeditious trial; and (iv) that the appellant 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 Aadil