1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 1901 of 2025 1 - Purendra Kaushik S/o Kantilal Kaushik Aged About 38 Years R/o Village- Mulmula, Pandaripara, P.S. Kondagaon, Distt.- Kondagaon (C.G.) ... appellant (s) versus 1 - State Of Chhattisgarh Through Police Station Kondagaon, District- Kondagaon (C.G.) ... Respondent(s) For appellant (s) : Mr. Raza Ali, Advocate For Respondent(s) : Mr. Karan Kumar Bahrani, Panel Lawyer Hon’ble Shri Justice Ravindra Kumar Agrawal, J. Order on board 17.10.2025. 1. Pursuant to the order dated 19.09.2025, the brother and sister in law of the deceased appeared through virtual mode from the DLSA Kondagaon before this Court and raised objection in granting bail to the appellant. Their objection 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 23.07.2025 passed by the learned Special SAGRIKA AGRAWAL Digitally signed by SAGRIKA AGRAWAL Date: 2025.10.17 18:14:06 +0530 2 Judge (SC/ST Act), District Kondagaon (C.G.) whereby the bail application filed by the appellant under Section 483 of BNSS in connection with Crime No. 140/2025 registered at Police Station Kondagaon, District Kondagaon (C.G.) for offence punishable under Sections 103 (1) and Section 3 (2)(v) of SC/ST Act has been rejected. 3. The case of the prosecution is that on 18.04.2025 when the deceased Hemant Bhoyar along with his sister in law (Champi Bhoyar) and wife of the appellant (Gangita Kashik) was going on the motor cycle, on the way, the appellant dashed them by his car and by which they fell down on the road and thereafter, the appellant committed murder of the deceased by assaulting him by wrinch of the vehicle. The deceased was being taken to hospital where he was declared broad dead. The murg was informed to the Police and after murg inquiry, FIR has been registered. The appellant was arrested on 19.04.2025 and charge-sheet has been filed. 4. Learned counsel for the applicant would submit that the in the initial point of time, in the murg intimation lodged by the Champi Bhoyar, it was only reported to be an accident. There is no allegation against the appellant that he caused injuries to the deceased by assaulting him by wrinch. However, at the subsequent stage she developed her statement and raised allegation that the appellant assaulted the deceased by wrinch of the vehicle. He would further submit that in the post mortem report, the doctor has not opined that the death of the deceased was homicidal in nature and even in the query report the doctor could not ascertain the actual age of injury but he stated that the duration of injury is within a one-two hour prior to the examination. There is no independent witness in the case. The appellant is in jail since 15/04/2025 and final adjudication will take its own time, therefore, the appellant may be enlarged on bail. 3 5. On the other hand, learned counsel for the State opposes and submitted that there is evidence of old enmity between the appellant and the deceased, there is eye witness statement of Champi Bhoyar and Gangita Kashik, who are the sister in law of the deceased and wife of the appellant respectively. They were accompanied with the deceased at the time of incident and clearly stated about the incident that the appellant had committed murder of the deceased. Number of injuries have been found on the body of the deceased and the cause of death is opined as due to polytrauma. Therefore, the appellant is not entitled for bail. 6. I have heard learned counsel for the parties and perused the case diary. 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 post mortem report of the deceased as well as statement of the eye witness Gangita Kashik and Champi Bhoyar, I am inclined to release the applicant on bail. 8. Consequently, this bail application filed in the form of criminal appeal under Section 14-A(2) of SC/ST Act is hereby rejected. Sd/- (Ravindra Kumar Agrawal) Judge Sagrika