1 2025:CGHC:61100 HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 2552 of 2025 Kuldeep Patwa S/o Purushottam Patwa Aged About 18 Years R/o Lalbagicha, Near Panchayat Bhawan, Dhamtari P.S. City Kotwali, District- Dhamtari (C.G.) ... Appellant versus State of Chhattisgarh through Police Station Arjuni District- Dhamtari (C.G.) ... Respondent For the applicant : Mr. Prasoon Agrawal, Advocate For the State : Mr. Ajay Pandey, Government Advocate (Hon’ble Shri Justice Sanjay Kumar Jaiswal) Order on Board 15/12/2025 1. This is an appeal filed under Section 14-A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 for grant of regular bail to the appellant who has been arrested in Crime No. 88/2025 registered at P.S. Arjuni, District Dhamtari for the offence punishable under Sections 109, 190, 191(1), 296, 351(3), 3(5), 49 of BNS 2023 and Sections 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. 2. By impugned order dated 26.11.2025 passed by the learned Special Judge (SC/ST Act), Dhamtari in Special Criminal Case (SC/ST) ALLENA ANNAJEE RAO Digitally signed by ALLENA ANNAJEE RAO Date: 2025.12.16 14:17:43 +0530 2 No.17/2025, the application filed by the applicant for grant of regular bail has been rejected , which has been challenged in this appeal. 3. The prosecution case, in brief, is that on 16.06.2025, the complainant Lalit Netam, an operator of a Chain Mounting Machine, lodged a report stating that he and his friends were present at a sand storage facility. At about 9.30 pm, some officials including the Tehsildar visited the site. Later, they were asked to bring a battery for the Chain Mounting Machine from their storage facility to another location. When they returned with the battery, some officials left after instructing them to install it. However, at about 10.30 pm, co-accused Ankur Agrawal and Omprakash Gwalani & Bittu along with 4-5 others, arrived and allegedly abused and assaulted the complainant and his colleagues. During the altercation, accused Ankur Agrawal and Omprakash Gwalani @ Bittu allegedly instigated the present applicant Kuldeep to assault complainant and Kuldeep started assaulting complainant with a knife, as a result of which, complainant sustained injuries on his left hand, thigh and back. The complainant was treated at a hospital and was discharged. 4. Learned counsel for the appellant submits that the present applicant has been falsely implicated in this case. He submits that earlier the bail of the coaccused Omprakash Gwalani @ Bittu whose name was mentioned in the FIR has been rejected by this Court in Cr.A.No.1306/ 2025 on 13.08.2025 and thereafter, he has been bailed out by Hon’ble the Supreme Court in SLP (Crl.) No.14829/2025 on 10.11.2025. He further submits that the arrest of another accused Ankur Agrawal who was also named in FIR has been stayed by the Supreme Court by order dated 01.09.2025. He submits that the present applicant is in jail since 18.06.2025 and his case is similar to that of other accused who were named in the FIR and they have been bailed out, therefore, the present applicant may also be released on bail. 3 5. Per contra, learned State Counsel opposes the prayer for grant of bail and supports the order of the trial Court. He submits that the present applicant is the main accused who at the instance of other accused assaulted the victim with knife which has been seized from him. He further submits that the trial has not commenced and the victim is yet to be examined. 6. The victim appeared through VC from the concerned DLSA, Dhamtari and objected to bail. 7. I have heard learned counsel appearing for the parties and perused the documents available on record. 8. Having considered the submissions made by the learned counsel parties and the fact that the trial has not commenced; the victim has not been examined till date and the present applicant is alleged to be main accused in this case, I am not inclined to release him on bail. Accordingly, this appeal is rejected. Sd/- (Sanjay Kumar Jaiswal) Judge Rao