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2025 DAILYLAW 57638 (CHH)

ALI HUSSAIN ANSARI @ ALI KHAN v. STATE OF CHHATTISGARH

CRA/1965/2025 · 2025-11-09

Shri Arvind Kumar Verma

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Judgment text

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2025:CGHC:54706 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 1965 of 2025 Ali Hussain Ansari @ Ali Khan S/o Kasim Ansari Aged About 39 Years R/o Village Chandranagar, Out Post Tatapani, P.S. Ramanujganj District - Balrampur- Ramanujganj (C.G.). ---Appellant versus State Of Chhattisgarh Through S.H.O. Police Station Balrampur District - Balrampur- Ramanujganj (C.G.) --- Respondents For Appellant : Mr. Puskar Sinha, Advocate. For Respondent-State : Ms. Laxmin Kashyap, PL. Hon'ble Shri Justice Arvind Kumar Verma Order on Board 10/11/2025 1. This appeal under Section 14-A(2) of the Scheduled Caste & Scheduled Tribes (Prevention of Atrocities) Act, 1989, (for short, 'Act of 1989') is filed against impugned rejection order dated 09.09.2025 (Annexure A-1), whereby appellants' application filed under Section 483 of BNSS for grant of bail is rejected. 2. Appellant is in jail since 15.07.2025 in connection with Crime No. 100/2025 registered at Police Station -Balrampur District - Balrampur- Ramanujganj (C.G.), for the offence punishable under Sections 308(5), 78, 64(2)(m), 351(3), 238(a) of Indian Penal Code and Sections 3(2)(v) & 3(v)(a) of the Act of 1989. 3. Case of prosecution, in brief, is that complainant/victim lodged written report before Police Station -Balrampur on 14.07.2025 alleging therein that she was in contact with the present accused/appellant (who is a journalist) since 2017-2018 and after exchange their mobile number they were used to talk with each other. In the year 2019, accused took her to forest and committed sexual intercourse with her and also taken her obscene photographs/videos and, thereafter, he repeatedly committed sexual intercourse with her threatening that he will viral the said photographs/videos. Now accused has demanding one lakh rupees from her threatening that he will defame her and her husband and ousted from the job. Based upon report, FIR was registered and appellant has been arrested for the aforesaid offence/crime. 4. Learned counsel for the appellant submits that appellant has been falsely implicated in this case, he has not committed any offence as alleged against him. Victim is a married lady, she came in contact with this appellant since 2017-2018 and after exchange of mobile number they used to talk with each other on calls. Learned Counsel further contended that there is inordinate delaying lodging of FIR, but no satisfactory explanation has been given in this regard. There is no evidence/material available on record which shows that appellant has taken the obscene photographs/videos of the victim and demanding one lakh rupees from her as there is no seizure of mobile phone. There is no any other previous criminal antecedent against the appellant. appellant is in jail since 15.07.2025, charge- sheet has been filed, conclusion of trial may take time, hence, appellant may be released on bail. 5. Learned State Counsel opposing the bail application of the appellant. 6. Heard counsel for respective parties. 7. On the last date of hearing, victim/prosecutrix was present before this Court through virtual mode from the concerned District Legal Services Authority and she raised objection in granting bail to appellant. 8. Considering entire facts and circumstances of case, nature of allegations, submission of counsel for the parties, particularly the fact that victim is a married lady, she used to talk with the appellant on calls since 2017-2018 and having love affair with him, there is inordinate delay in lodging of FIR, there is no seizure of mobile phone, further considering that there is no any other previous criminal antecedent against the appellant, he is in jail since 15.07.2025, charge-sheet has been filed, conclusion of trial may take time, therefore, I am inclined to allow this appeal. 9. Accordingly, appeal is allowed. Impugned rejection order (Annexure A-1) is set aside. It is directed that appellant shall be released on regular bail upon his furnishing a bail bond in sum of Rs.10,000/- with one surety in the like sum to the satisfaction of the Court on the conditions that:- a) Appellant shall appear before trial Court regularly on each and every date, unless exempted from appearance. b) Appellant shall not, in any manner, tamper with the prosecution witnesses. Certified copy as per rules. Sd/- (Arvind Kumar Verma) Judge J/-