1 2025:CGHC:57199 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRA No. 2320 of 2025 1 - Rakesh S/o Vishnu Prasad Kushwaha Aged About 32 Years, 2 - Praveen @ Chotaiya S/o Raghuram Kushwaha Aged About 27 Years, Both are R/o Village- Syahi Police Station- Basantpur, District- Balrampur-Ramanujganj (C.G.) ... Appellants versus State Of Chhattisgarh Through The Police Station- Basantpur, District- Balrampur-Ramanujganj (C.G.) (Wrongly Mention Police Station Wadrafnagar) --- Respondent For Appellants : Mr. Suresh Kumar Verma, Advocate on behalf of Mr. Basant Kaiwartya, Advocate For Respondent-State : Ms. Nupur Trivedi, PL For Complainant : Ms. Kiran Sahu, Advocate Hon'ble Shri Justice Arvind Kumar Verma Order on Board 25/11/2025 1. Learned State counsel would submit that notice issued to the complainant has been duly served upon the complainant, but no one appeared on behalf of the complainant. 2. This appeal under Section 14-A(2) of the Scheduled Caste & Scheduled 2 Tribes (Prevention of Atrocities) Act, 1989, (for short, 'Act of 1989') is filed against impugned order dated 28.10.2025 passed in Special Sessions Case (Atro.) No.49/2025 by the Special Judge, SC/ST (PA) Act, Balrampur, District Balrampur – Ramanujganj (C.G.), whereby appellants’ application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, for grant of bail is rejected. 3. Appellants are in jail since 27.10.2025 in connection with Crime No.172/2025 registered at Police Station – Basantpur, District Balrampur- Ramanujganj (C.G.) for the offence punishable under Sections 296, 115(2), 74, 3(5) of BNS and Section 3(1)b(i) of the SC/ST (Prevention of Atrocities) Act, 1989. 4. Case of prosecution in brief is that on 10.09.2025 at 08:00 pm in village Syahi, victim-A and Her sister-in-law/victim-B was returning home after defecation when the applicants/accused, Rakesh Kushwaha and Praveen alias Chotaiya Kushwaha, grabbed victim-A and threw her on the ground. They tore her blouse and pressed her chest. When victim-A raised an alarm victim-V came to the scene. The applicants/accused pressed victim-V's chest and, with the intention of dishonoring her, tore her blouse and threw her down and climbed on her chest. When the victim raised an alarm, the accused fled The accused committed the criminal act as described above, knowing that the applicant/victim was a member of the Scheduled Tribe The case was reviewed. The investigating officer presented a charge sheet for trial, stating that prima facie offenses had been committed against the 3 accused under sections 74, 296, 115(2), 3(5) of the Indian Penal Code and section 3(1)b(i) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. The nature of the crime was also considered. The accused were accused of using criminal force against a Scheduled Tribe woman with the intent to outrage her modesty, tearing her blouse, throwing her to the ground, and assaulting her, which is a serious offense. Furthermore, the applicant/victim has opposed the accused's bail application and requested its dismissal. The accused and applicant are stated to be residents of the same village, therefore the crime has been registered and arrested the present applicant. 5. Learned counsel for appellants submits that appellants have been falsely implicated in this case, they have not committed any offence as alleged against them. He further submits that in the present case the prosecution story is accepted no case is made out u/s 296, 115(2), 74, 3(5), of B.N.S.S. 2023 and Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. 1989. He further submits that in the present case the lodged a report against the complainant in crime no 172/2025 u/s 296, 115(2), Section 300 bis of the 74, 3(5), of B.N.S.S. 2023 and Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. 1989 in Police Station Basantpur District Balrampur Ramanujganj (C.G.). Appellants are in jail since 27-10-2025, conclusion of trial may take time, hence, appellants may be released on bail. 6. Learned State Counsel opposed the submission made by learned counsel 4 for the appellant and submits that the order passed by the trial Court is just and proper needs no interference. 7. I have heard counsel for respective parties and perused the record with utmost circumspection. 8. Considering entire facts and circumstances of case, and submissions made by learned counsel for the parties. The allegation against the appellants is that they had tried to outrage the modesty of the victim as well as committed marpeet with the victim. Looking to the totally of the facts of the case and detention period of appellants, I am inclined to allow this appeal. 9. Accordingly, the instant appeal is allowed. Impugned judgment dated 28.10.2025 passed in Special Sessions Case (Atro.) No.49/2025 by the Special Judge, SC/ST (PA) Act, Balrampur, District Balrampur – Ramanujganj (C.G.) is hereby set aside. It is directed that appellants shall be released on regular bail upon their furnishing a personal bond in sum of Rs.10,000/- (each appellant) with 01-01 surety in the like sum to the satisfaction of the Court on the conditions that:- a) Appellants shall appear before trial Court regularly on each and every date, unless exempted from appearance. b) Appellants shall not, in any manner, tamper with the prosecution witnesses. C.C. as per rules. Sd/- (Arvind Kumar Verma) Judge Vasant