1 2025:CGHC:52240 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 1844 of 2025 1 - Milesh Kumar Yadav S/o Late Amritlal Yadav, Aged About 20 Years (Wrongly Mentioned As Mithlesh), R/o Village Budhapara, Police Station Pasan, Tahsil Podi- Uproda, District Korba (C.G.) ... Appellant(s) versus 1 - State of Chhattisgarh Through - The Station House Officer, Police Station Khadgawan, District Manendragarh-Chirmiri-Bharatpur (C.G.) ... Respondent(s) For Appellant(s) : Mr. Anuroop Panda, Advocate. For Respondent(s) : Mr. Pranjal Shukla, Panel Lawyer. Hon’ble Shri Justice Ravindra Kumar Agrawal, J. Order on Board 27/10/2025 1. Pursuant to the order dated 23.09.2025, the victim appeared through virtual mode from DLSA, Chirmiri and raised objection in granting bail to the appellant, her objection is taken on record. 2. This is an appeal under Section 14-A(1) of the Scheduled Casts and Scheduled Tribes (Prevention of Atrocities) Act, 1989, against the order dated 23.04.2025 passed by learned Special Judge (Atrocity), Baikunthpur, Distt. ALOK SHARMA Digitally signed by ALOK SHARMA Date: 2025.10.28 17:55:15 +0530 2 Koriya, in Special Criminal Case No. 23/2023, whereby the bail application of the appellant filed under Section 439 of Cr.P.C. has been dismissed. 3. The case of the prosecution is that on 22-10-2023, the victim lodged a written report to the police with the allegation that she was acquainted with the present appellant and both of them have exchanged their mobile number and used to talk to each other through mobile phone. On 20.10.2023, he called her near Kodwaripara School to meet him and when she went there the present appellant along with his friend Bechan Sai Yadav took her to Ganpatpur where she was left by them after that the present appellant has taken her near water tank and committed rape upon her. Due to the night, they slept there under the tree. At about 1.30 am, when she woke up, she saw that the present appellant had fled away from there and she felt a burning sensation on both her legs and back up to her neck and blisters on her body. Somehow, she crawled and went to the house of one Shyamsundar from where her family members were informed and then they took her to Khadgawa Hospital and she was ultimately referred to Baikunthpur Hospital. On the report of the victim, the FIR has been registered. During the investigation, the involvement of the present appellant appeared. The victim was found suffered by an acid attack. Statements and supplementary statements of the witnesses have been recorded. Medical report of the victim was also obtained from Kalda Burn and Plastic Surgery Centre, Raipur, where she was under treatment of her injuries. Her dying declaration was also recorded and the appellant has been arrested. 4. Learned counsel for the appellant would submits that there is no corroborative evidence with respect to the involvement of the present appellant in the offence in question. The victim on her own will had gone with the appellant and engaged in making consensual physical relation and thereafter she was creating pressure upon the appellant to marry with her and when he refused for the same the allegation has been made against the 3 present appellant. In fact she suffered burn injuries by any other reason. The incident is alleged to be occurred on 20.10.2023 whereas the victim is admitted at Kalda hospital, Raipur, on 28.02.2024. There is no evidence of her treatment from 20.10.2023 to 28.02.2024. The applicant is in jail since 22.10.2023, charge sheet has been filed and no custodial interrogation from the appellant is required. Final adjudication of the case will take its own time and therefore, the appeal may be allowed and the appellant may be enlarged on bail. 5. On the other hand, the learned counsel for the State opposes and has submitted that there is allegation against the present appellant that he committed rape upon victim and after pouring acid upon her, he fled away. There is evidence available in the case diary that the victim received 30% burn injuries by acid which is reported by the doctor of Khadgawa hospital and referred the victim to higher medical centre. During her treatment at Kalda Burn and Plastic Surgery Centre, Raipur, dying declaration of the prosecutrix has also been recorded in which also she made the allegation against the appellant. He would also submit that there is sufficient evidence in the case diary and charge-sheet against the appellant and his appeal is liable to be dismissed. 6. I have heard the learned counsel for the parties and perused the case diary. 7. Taking into consideration of the submissions made by learned counsel for the parties, and also from the perusal of the case diary, it appears that there is an allegation of rape upon the present appellant also and throwing acid upon the victim after committing rape upon her. In the statement/supplementary statement of the victim, her mother, statement of Shyamsundar in whose house she had gone after the incident in the same night, and also in the statement of other witnesses, the allegation against the present appellant is there. In her dying declaration recorded by the executive magistrate during her treatment at Kalda hospital, Raipur, the name of the present appellant is 4 there. From the medical report it appears that she suffered 30-40% of acid burn injuries. Therefore, considering the overall evidence available in the charge-sheet and case diary, I am not inclined to release the appellant on bail. 8. Accordingly, his bail application filed in the form of the criminal appeal is dismissed. 9. However, considering that the appellant is in jail since 20.10.2023, the learned trial Court is directed to expedite the trial of the case. 10. A copy of this order shall be forwarded to the learned trial Court for due compliance. Sd/- (Ravindra Kumar Agrawal) Judge Alok