1 2025:CGHC:57431 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 2387 of 2025 Dayashankar Chandravanshi S/o Chainu Chandravanshi Aged About 24 Years R/o Village Junglepur, P.S. Pandatarai, District Kabirdham (C.G.) ... Appellant versus State Of Chhattisgarh Through S H O, P S Mahila Thana Kawardha, District Kabirdham (C.G.) ... Respondent(s) For Appellant : Mr. Aman Kesharwani, Advocate For Respondent(s) : Ms. Priya Sharma, Panel Lawyer Hon’ble Shri Justice Arvind Kumar Verma Order on Board 26/11/2025 1. The instant appeal under Section 14-A (2) of the Schedule Caste and Schedule Tribe Prevention of Atrocities Act, 1989 has been filed by the appellant being aggrieved by the impugned order dated 29.09.2025 passed by the learned Special Judge (SC/ST) 2 (Atrocities) Kabirdham, District – Kabirdham (C.G.) in Special Sessions Case No. 505/2025 whereby the application under Section 483 of B.N.S.S. of the appellant has been rejected. 2. The appellant has preferred this appeal for grant of regular bail as he is arrested in connection with Crime No. 40/2025 registered in Police Station Mahila Thana, District Kabirdham, C.G. for offence punishable under sections 69, 296, 351(3), 89 of BNS and Section 3 (2) (v) and Section 3(2)(v)(a) of the SC/ST Act. 3. As per the prosecution case, the complainant and appellant knew each other from past 1.5 years, and appellant proposed the complainant to marry her and in January, 2024 committed sexual intercourse with the appellant at rented house situated at Shivaji Colony, Kawardha because of which the complainant became pregnant however the child was aborted. Thereafter the appellant committed sexual intercourse with the complainant several times and the last time was on 10.07.2025 and subsequently refuse to marry her. 4. Learned counsel for the appellant would submit that the appellant has not committed any offence as alleged against him. He would further submits that there is no evidence of miscarriage in the charge sheet and there is no medical evidence of rape. He would therefore submit that the appellant is in jail since 12.09.2025 and the trial will take some more time to conclude, therefore, the appellant may be enlarged on bail. 3 5. Per contra, learned State counsel opposes the prayer for grant of bail. 6. Pursuant to the order dated 17.11.2025, the victim appeared through Video Conferencing with the help of DLSA, Kabirdham and has raised her objection to the present criminal appeal. 7. I have heard learned counsel for the parties at length and perused the record. 8. Perusal of the record would show that the appellant was a delivery boy in Flipkart and while delivering the parcel to the complainant their numbers were exchanged and they started talking to each other over mobile phone. The appellant and the victim were acquainted with each from past 1.5 years. Considering the facts and circumstances of the case and the fact that it will take time to conclude the trial, I am inclined to release the appellant on bail. 9. Accordingly, the appeal is allowed and the impugned order is set- aside. 10. Let appellant Dayashankar Chandravanshi, involved in Crime No. 40/2025, under Sections 69, 296, 351(3), 89 of BNS and Sections 3 (2) (v) and 3(2)(v)(a) of the SC/ST Act, police station- Mahila Thana- Kawardha, District- Kabirdham, C.G., be released on bail on his furnishing a personal bond with one surety in like amount to the satisfaction of the Court concerned with the following conditions:- 4 (i) The appellant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in Court. In case of default of this condition, it shall be open for the trial Court to treat it as abuse of liberty of bail and pass orders in accordance with law. (ii) the appellant shall remain present before the trial Court on each date fixed, either personally or through their counsel. In case of his absence, without sufficient cause, the trial Court may proceed against them under Section 269 of Bhartiya Nyay Sanhita, 2023. (iii) In case, the appellant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 84 of BNSS, 2023 is issued and the applicant fails to appear before the Court on the date fixed in such proclamation, then, the trial Court shall initiate proceedings against him, in accordance with law, under Section 209 of Bhartiya Nyay Sanhita, 2023. (iv) The appellant shall remain present, in person, before the trial Court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of BNSS 2023. If in the 5 opinion of the trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial Court to treat such default as abuse of liberty of bail and proceed against them in accordance with law. 11. Office is directed to sent a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Arvind Kumar Verma) JUDGE Madhurima