1 2025:CGHC:55412 HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 2243 of 2025 Karan Tandan S/o Shri Sanjay Tandan Aged About 19 Years R/o Village- Adhari Nawagaon, Dhamtari, Thana- City Kotwali Dhamtari, Tahsil And Distt- Dhamtari (C.G.) ... Appellant versus State of Chhattisgarh through- the Station House Officer, Police Thana Arjuni, Distt- Dhamtari (C.G.) ... Respondent For the petitioner : Mr. Sumeet Shrivastava, Advocate For the State : Mr. G.L. Ukey, Panel Lawyer (Hon’ble Shri Justice Sanjay Kumar Jaiswal) Order on Board 13/11/2025 1. This appeal is filed under Section 14-A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 for grant of regular bail to the appellant as he has been arrested on 18.06.2025 in Crime No. 88/2025 registered at P.S. Arjuni, ALLENA ANNAJEE RAO Digitally signed by ALLENA ANNAJEE RAO Date: 2025.11.14 13:47:02 +0530 2 District Dhamtari for the offence punishable under Sections 296, 351(3), 109(1), 190, 191(1), 3(5), 49 of BNS 2023 and Sections 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. 2. By impugned order dated 08.10.2025 passed by the learned Special Judge (SC/ST Act), Dhamtari in Special Criminal Case (SC/ST) No.17/2025, the application filed by the applicant for grant of regular bail has been rejected by order dated 08.10.2025, which has been challenged in this appeal. 3. The prosecution case, in brief, is that on 16.06.2025, the complainant Lalit Netam, an operator of a Chain Mounting Machine, lodged a report stating that he and his friends were present at a sand storage facility. At about 9.30 pm, some officials including the Tehsildar visited the site. Later, they were asked to bring a battery for the Chain Mounting Machine from their storage facility to another location When they returned with the battery, some officials left after instructing them to install it. However, at about 10.30 pm, accused Ankur Agrawal and Omprakash Gwalani & Bittu along with 4-5 others, arrived and allegedly abused and assaulted the complainant and his colleagues. During the altercation, accused Ankur Agrawal and Omprakash Gwalani @ Bittu allegedly instigated coaccused Kuldeep to assault complainant with a knife and Kuldeep started assaulting complainant, as a result of which, complainant 3 sustained injuries on his left hand, thigh and back. The complainant was treated at a hospital and later discharged. 4. Learned counsel for the appellant submits that the present applicant Karan Tandon was not named in the FIR and later he has been falsely implicated in this case. He submits that earlier the bail of the main accused Omprakash Gwalani @ Bittu whose name was mentioned in the FIR has been rejected by this Court in Cr.A.No.1306/2025 on 13.08.2025 and thereafter, he has been bailed out by Hon’ble the Supreme Court in SLP (Crl.) No.14829/2025 on 10.11.2025. It is submitted that there are no criminal antecedents against the present applicant and he is in custody since 18.06.2025. He further submits that the case of the present applicant is on better footing as compared to the other main accused who has been bailed out, therefore, the present applicant may also be released on bail. 5. Per contra, learned State Counsel opposes the prayer for grant of bail and supports the order of the trial Court. However, he does not dispute the fact that no criminal antecedents are reported against the present applicant. 6. The complainant has appeared through VC from the DLSA, Dhamtari and objected to bail. 7. I have heard learned counsel appearing for the parties and perused the documents available on record. 8. Having considered the submissions made by the learned 4 counsel parties and the fact that accused Omprakash Gwalani @ Bittu has been granted bail by the Supreme Court and since the name of the present appellant was not mentioned in the FIR, I am inclined to release him on bail. 9. Accordingly, this appeal is allowed and the impugned order dated 08.10.2025 passed by the Trial Court is set aside. 10. It is directed that the appellant Karan Tandan shall be released on bail on his executing a personal bond in sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the trial Court for his appearance before the said Court as and when directed. Cc as per rules. Sd/- (Sanjay Kumar Jaiswal) Judge Rao