1 2025:CGHC:56898 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRA No. 2364 of 2025 1 - Vinod Alias Sonu Sahu S/o Aatma Ram Sahu Aged About 27 Years R/o Village Taldevari, P.S. Birra, Distt. Janjgir Chamap, Chhattisgarh. 2 - Mrigendra Kumar S/o Gopi Kumar Aged About 18 Years R/o Village Taldevari, P.S. Birra, Distt. Janjgir Champa, Chhattisgarh. (Aged Not Mention In Bail Order) ... Appellants versus State Of Chhattisgarh Through Station House Officer, P.S. Birra, Distt. Janjgir Champa, Chhattisgarh. --- Respondent For Appellants : Mr. Tanuj Patwardhan, Advocate For Respondent-State : Mr. Karan Kumar Bahrani, PL For Complainant : Mr. Ramkrishna Kashyap, Advocate Hon'ble Shri Justice Arvind Kumar Verma Order on Board 24/11/2025 1. Pursuant to order dated 14.11.2025, victim appeared before this Court and he has no objection for grant of bail to the appellants. His statement is taken on record. 2 2. 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 order dated 04.11.2025 passed in Bail Petition No.1035/2025 by the Special Judge, SC/ST (PA) Act, District Janjgir- Champa (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 23.10.2025 in connection with Crime No.150/2025 registered at Police Station -Birra, District Janjgir-Champa (C.G.) for the offence punishable under Sections 126(2), 296, 115(2), 351(3), 333 of BNS, 2023 and Section 3(2)(va) of the SC/ST (Prevention of Atrocities) Act, 1989. 4. Case of prosecution in brief is that on 22.10.2025 at morning 5:40 AM Laxmi Pooja in the village complaint/Akash Jatvar and her friend at 10 PM and after watching the Jhanki Progrme he was returing home form Bhatapara on the way, 10-12 people were standing in front of Mohan Kotwar's home, blocking the way. They included four young boys named Mrigendra Sahu, Sonu Sahu, and Others. They stopped them with intent, calling them scumbags, low-caste people, who have become too powerful and began abusing them with filthy language, accusing them of being heroes by coming to our area. They also began beating Ashish Jatwar with belts, ists and Kada. When the complainant mother came to rescue him, they began beating her as well. To save themselves, the complainant entered the house of their friend who also began assaulting him. When 3 their friend rescued them they fled complainant felt deeply humiliated. Thereafter lodged a written complaint at Police Station -Birra, District Janjgir_Champa (C.G.). 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 the Special Judge under SC and ST (P.A) Act, Janjgit-Champa while dismissing the bail application failed to appreciate that the applicant no 2 particularly is of tender age and is a student. The Applicants are in jail since 23.11.2025. Staying in jail for a longer duration will severely affect his future. On the date of incident, Laxmi pooja program was organized in village Taldeveri where many people of the village were present, and the pooja program was going on where the complainant came and beat up the children, and created disturbance in the program, then the people present there pacified the complainant and sent him home, when the complainant has not obstructed or beaten up the complainant in any way, nor have they harassed him on caste basis. Appellant are in jail since 23.10.2025, conclusion of trial may take time, hence, appellants may be released on bail. 6. Learned State Counsel opposed the submission made by learned counsel 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. 4 8. Considering entire facts and circumstances of case, statement of complainant. There is no previous antecedent of the appellants and no objection has been raised by the complainant, looking to the entire facts of the case and detention period of appellant, I am inclined to allow this appeal. 9. Accordingly, the instant appeal is allowed. Impugned judgment dated 04.11.2025 passed in Bail Petition No.1035/2025 by the Special Judge, SC/ST (PA) Act, District Janjgir-Champa (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