1 2025:CGHC:55689 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 2105 of 2025 Ashok Kumar Shriwas S/o Kanhaiya Lal Shriwas Aged About 38 Years R/o Pondidalha, P.S. Akaltara, District - Janjgir-Champa (C.G.) --- Appellant(s) versus State Of Chhattisgarh Through - Station House Officer, Police Station Akaltara, District - Janjgir - Champa (C.G.) --- Respondents For Appellant : Mr. Anchal Kumar Matre, Advocate. For Respondent-State : Ms Priya Sharma, PL. Hon'ble Shri Justice Arvind Kumar Verma Order on Board 14/11/2025 1. This appeal under Section 14-A(2) of the Scheduled Caste & Scheduled Tribes (Prevention of Atrocities) Act, 1989, (for short, 'Act of 1989') is filed against impugned rejection order dated 19.09.2025 (Annexure A-1), whereby appellants' application filed under Section 483 of BNSS for grant of bail is rejected. 2. Appellant is in jail since 17.07.2025 in connection with Crime No.318/2025 registered at Police Station -Akaltara, District - Janjgir - Champa (C.G.), for the offence punishable under Sections 376, 2 506 & 323 of the Indian Penal Code and Section 3(2)(v) of the Act of 1989. 3. Case of prosecution, in brief, is that in the month of November 2023, victim had come to Baloda by bus from Bilaspur for prayer, the applicant brought her from the bus stand to his home in PodiDalha. Since it was night, she stayed at the applicant's house for the night and at about 01:00 a.m., the applicant knocked the door and when victim opened the door, the applicant entered into the room and locked the door, threw her on the bed and committed forceful sexual intercourse with her. On the next day, the applicant came to Bilaspur to drop the victim and then he took her to the Hotel Shriraj Bilaspur (C.G.) and, thereafter, again committed forceful sexual intercourse with her. Based upon report lodged by the victim, FIR was registered against the appellant and he has been arrested for the aforesaid crime/offence. 4. Learned counsel for appellant submits that appellant has been falsely implicated in this case, he has not committed any offence as alleged against him. Victim is a major married lady, though there is allegation of rape, but medical report of victim has not supported the case of prosecution. Applicant is in jail since 17.07.2025, charge- sheet has been filed, conclusion of trial may take time, hence, appellant may be released on bail. 5. Learned State Counsel opposing submission of counsel for the appellant. 6. Heard counsel for respective parties. 3 7. Victim/prosecutrix is present before this Court and she raised no objection in granting bail to applicant. 8. Considering entire facts and circumstances of case, nature of allegations, submissions of counsel for the parties, material/evidence available in the case diary, the fact that victim is a major married lady, further considering that there is no evidence/material to show that appellant make an attempt to temper with the witnesses, detention period of appellant, I am inclined to allow this appeal. 9. Accordingly, appeal is allowed. Impugned rejection order (Annexure A-1) is set aside. It is directed that appellant shall be released on regular bail upon his furnishing a bail bond in sum of Rs.10,000/- with one surety in the like sum to the satisfaction of the Court on the conditions that:- a) Appellant shall appear before trial Court regularly on each and every date, unless exempted from appearance. b) Appellant shall not, in any manner, tamper with the prosecution witnesses. Certified copy as per rules. Sd/- (Arvind Kumar Verma) Judge J/-